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COA affirms Duke Energy must follow Noblesville’s ordinances

December 8, 2022 | Marilyn Odendahl

The Court of Appeals of Indiana unplugged Duke Energy’s battle with Noblesville, rejecting the company’s arguments that only the IURC has authority over utility matters and finding the electric provider has to comply with the municipality’s ordinances.

Split COA orders suppression of evidence from traffic stop based on ‘inactive’ registration

December 8, 2022 | Jordan Morey

A man who was pulled over for having an “inactive” car registration has convinced a split Court of Appeals of Indiana panel that evidence stemming from the stop should be suppressed.

COA affirms judgment against buyer of used SUV with faulty brakes

December 8, 2022 | Jordan Morey

A man who bought a vehicle then sued the seller for damages because the brakes gave out while driving home from the sale will not receive any relief from the nearly $1,500 judgment against him.

fees

Opinions Dec. 8, 2022

December 8, 2022

Court of Appeals of Indiana
Avis Deforest White v. State of Indiana
22A-CR-978
Criminal. Reverses the denial of Avis Deforest White’s motion to suppress evidence stemming from a traffic stop. Finds the Indiana General Assembly has not made “inactive” registration an infraction, so the traffic stop was not justified by reasonable suspicion and was therefore impermissible. Judge Margret Robb dissents with separate opinion. 

Abortion doc voluntarily dismisses cases against AG Rokita

December 8, 2022 | IL Staff

The Indiana abortion doctor who sued Indiana Attorney General Todd Rokita to stop his investigation into consumer complaints filed against her is voluntary dismissing her complaint.

Indiana midterm election turnout drops 20%

December 8, 2022 | Indiana Capital Chronicle

Electorate engagement wasn’t as high as hoped, with just 41% of Indiana’s registered voters going to the polls for last month’s midterm elections — a nearly 20% drop in turnout from the 2018 midterms.

Indiana nets $15.7M settlement with e-cigarette manufacturer

December 8, 2022 | Indiana Capital Chronicle

As part of a multistate settlement, Indiana will receive $15.7 million from Juul Labs Inc., an e-cigarette manufacturer, over allegations that the business deliberately marketed its products to minors.

Counselor: Fort Wayne violated law by withholding Henry arrest records

December 8, 2022 | Associated Press

Fort Wayne officials violated Indiana’s public records laws by not releasing police body camera footage and other records related to the drunken driving arrest of the city’s mayor, the state’s public access counselor says.

West Terre Haute boy arrested after leaving school, stealing rifle

December 8, 2022 | Associated Press

An 11-year-old western Indiana student will face juvenile charges of pointing a firearm and theft after leaving school, stealing a rifle from a nearby home and pointing the weapon at police officers, a sheriff said Wednesday.

Indiana sues TikTok, citing safety, security concerns

December 8, 2022 | Associated Press

Indiana’s attorney general on Wednesday sued Chinese-owned social media app TikTok, claiming the video-sharing platform misleads its users, particularly children, about the level of inappropriate content and security of consumer information.

Misconduct conviction upheld for IMPD officer who hit Shortridge student

December 7, 2022 | Marilyn Odendahl

An officer who hit a student in the face has lost his bid to overturn his conviction after the Court of Appeals of Indiana found his inclusion of a false statement in his report was sufficient evidence to support the verdict.

Opinions Dec. 7, 2022

December 7, 2022

Court of Appeals of Indiana
Robert Lawson v. State of Indiana
22A-CR-448
Criminal. Affirms officer Robert Lawson’s conviction of official misconduct. Finds that Marion Superior Court did not abuse its discretion by denying Lawson’s motions for judgment on the evidence. Also finds the state presented sufficient evidence to sustain Lawson’s convictions. Finally, finds the trial court did not abuse its discretion by refusing to give Lawson’s proposed jury instructions.

Assistant U.S. attorney named magistrate judge in Southern District after Pryor confirmed to 7th Circuit

December 7, 2022 | IL Staff

With Judge Doris Pryor confirmed to the 7th Circuit Court of Appeals, a new magistrate judge for the U.S. District Court for the Southern District of Indiana has been chosen.

Justices to hear drainage dispute, mental health murder case this month

December 7, 2022 | IL Staff

The Indiana Supreme Court will hear two oral arguments this month, including a case involving a drainage dispute and a case in which a mental health patient killed his grandfather.

Justices skeptical of elections case that could alter voting

December 7, 2022 | Associated Press

At least six U.S. Supreme Court justices sounded skeptical of making a broad ruling that would leave state legislatures virtually unchecked when making rules for elections for Congress and the presidency.

Ex-DOC prison worker faces 100-year sentence for knife attack

December 7, 2022 | Associated Press

A former Indiana Department of Correction worker faces a potential sentence of 100 years under a deal in which she agreed to plead guilty to two counts of murder for a knife attack two years ago in which two people were killed and a third was wounded.

Jan. 6 committee to issue criminal referrals, chairman says

December 7, 2022 | Associated Press

The House committee investigating the Jan. 6, 2021, attack on the U.S. Capitol will make criminal referrals to the Justice Department as it wraps up its probe and looks to publish a final report by the end of the year, the panel’s chairman said Tuesday.

Trump Organization convicted in executive tax dodge scheme

December 7, 2022 | Associated Press

Donald Trump’s company was convicted of tax fraud Tuesday for helping executives dodge taxes on extravagant perks such as Manhattan apartments and luxury cars.

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Legislature seeks $11K from ex-AG Hill accusers after summary judgment win

December 7, 2022 | Olivia Covington

Following a victory on summary judgment last month, the Indiana House and Senate are requesting more than $11,000 in court costs from three of the women who accused former Indiana Attorney General Curtis Hill of sexual misconduct.

DOJ subpoenas election officials in states Trump disputed

December 7, 2022 | Associated Press

Special counsel Jack Smith has subpoenaed local election officials in Wisconsin, Michigan, Arizona and Pennsylvania, asking for communications with or involving former President Donald Trump, his 2020 campaign aides and his allies.

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In This Issue

  • New bail legislation aims to weigh due process and public safety

  • Efforts to boost judicial safety gain steam after shooting

  • Appeals court to hear arguments over accidental release of depositional evidence to jury

Most Read
  • Firing squad, gas execution methods move out of Indiana House committee

  • Kokomo couple get a combined 50 years in prison for dealing deadly drugs

  • Tippecanoe County judge, wife in stable condition after being shot at their home

  • Nominations being accepted for the 2024 Henry Hurst Judicial Assistance Award

  • Shooting of Tippecanoe County judge was gang-related hit, authorities say

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