ICLEO accepting applications for 2023 program
| IL Staff
Applications are now being accepted for the Indiana Conference for Legal Education Opportunity, or ICLEO, program that begins in summer 2023.
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Agency budget presentations document big needs
Requests for funding are up across the board for state agencies in their budget presentations before the State Budget Committee this week, especially for personnel, construction costs and technology services.
Opinions Dec. 9, 2022
Court of Appeals of Indiana
Great West Casualty Company, DTAK, LLC, and Matthew Ehlen v. Founders Insurance Company (mem. dec.)
22A-PL-1771
Civil plenary. Affirms the grant of summary judgment in favor of Founders Insurance Company declaring that Founders is not obligated to provider coverage under an automobile insurance policy procured by Brian K. Gates Jr. Finds Founders is entitled to judgment as a matter of law, and there is no genuine dispute of material fact. Also finds the LaPorte Superior Court did not err in granting summary judgment to Founders and denying summary judgment to Great West Casualty Company, DTAK LLC and Matthew Ehlen.
CJ Rush: ‘Rare and exceptional’ case ‘highlights the disparity’ in sentencing alternatives
| IL Staff
Indiana Supreme Court justices have split in denying transfer to a drug case, with the chief justice writing in dissent that the defendant’s maximum sentence should be reduced because he didn’t have access to problem-solving courts.
Columbus man gets 4 years in hit-and-run that killed girl, 16
A man convicted in the hit-and-run death of a 16-year-old Indiana high school student struck by his car as she prepared to board a school bus was sentenced Thursday to four years in prison.
Bill protecting same-sex, interracial unions clears Congress
The House gave final approval Thursday to legislation protecting same-sex marriages, a monumental step in a decadeslong battle for nationwide recognition that reflects a stark turnaround in societal attitudes.
Interracial marriages to get added protection under new law
While much of the attention has been focused on protections for same-sex marriages, interracial couples say they are glad Congress also included protections for their marriages, even though their right to marry was well-established decades ago.
COA affirms Duke Energy must follow Noblesville’s ordinances
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
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
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.
Opinions Dec. 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
| 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%
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
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
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
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
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
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
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
| 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.
