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Opinions Sept. 1, 2022

September 1, 2022

Court of Appeals of Indiana
Jeramie M. Elston v. State of Indiana
22A-CR-316
Criminal. Affirms and reverses in part the denial of Jeramie Elston’s motion to dismiss the state’s petition to revoke his probation. Finds tthe petition to revoke filed on Oct. 22, 2019, was untimely with regard to Cause No. 39D01-1711-CM-991 and should have been dismissed as to that case. Also finds the petition to revoke in Cause No. 39D01-1805-F5-512 was timely filed, so the Jefferson Superior Court did not abuse its discretion by denying the motion to dismiss as to that case. 

‘Abortion-complications’ lawsuit dismissed; Rokita vows to continue anti-abortion work

September 1, 2022 | Olivia Covington

A federal judge has dismissed a lawsuit against an Indiana law requiring doctors to report “abortion complications” to the state, continuing a trend that began when the U.S. Supreme Court overturned the federal right to an abortion.

Study committee weighs HIV laws, funding for mental health in Indiana

September 1, 2022 | Indiana Capital Chronicle

Lawmakers and other stakeholders on Tuesday discussed possible changes to Indiana laws concerning HIV-specific criminal penalties and sentence enhancements.

Police chief: Richmond cop shot in head losing life support

September 1, 2022 | Associated Press

An eastern Indiana police officer shot in the head during a traffic stop will be taken off life support on Thursday, her department said in a news release Wednesday.

Trump documents: Judge to hear arguments on outside expert

September 1, 2022 | Associated Press

A federal judge awaited arguments Thursday on whether to appoint an outside legal expert to review government records seized by the FBI last month in a search of former President Donald Trump’s Florida home.

US argues Supreme Court shouldn’t review Dylann Roof case

September 1, 2022 | Associated Press

Dylann Roof’s death sentence and conviction in the 2015 racist slayings of nine members of a Black South Carolina congregation should be upheld and don’t merit review by the U.S. Supreme Court, attorneys for the federal government wrote in a filing Wednesday.

Opinions Aug. 31, 2022

August 31, 2022

Indiana Supreme Court
Joshua Payne-Elliott v. Roman Catholic Archdiocese of Indianapolis, Inc.

22S-CP-302
Civil Plenary. Affirms the Marion Superior Court’s dismissal of Joshua Payne-Elliott’s lawsuit under Indiana Trial Rule 12(B)(6). Finds the church-autonomy which prohibits state interference into matters of internal church governance applies in this case. Modifies the trial court’s ruling to reflect he dismissal is without prejudice.

Hundreds gather to honor, celebrate Justice David during retirement ceremony

August 31, 2022 | Katie Stancombe

On a not-so-typical Tuesday afternoon, Indiana Supreme Court Justice Steven David sat fully robed in his designated seat on the high bench for one last time. After nearly 30 years as a judicial branch leader, David stepped down from his post  — but not before the Indiana legal community could properly say goodbye.

Indiana justices rule state cannot interfere in Indianapolis Archdiocese’s firing of gay Cathedral teacher

August 31, 2022 | Marilyn Odendahl

The Indiana Supreme Court has ruled for the Roman Catholic Archdiocese of Indianapolis, finding the church-autonomy doctrine prohibits the state from interfering in the Catholic Church’s dispute with a high school teacher who claimed he was fired for being in a same-sex marriage.

New NIL rules make star college football players millionaires

August 31, 2022 | Associated Press
Of the estimated $1.14 billion that will be poured into the pockets of athletes in Year 2, the NIL platform Opendorse predicts nearly half of it will be spent on the gridiron.

7th Circuit affirms ruling for insurer that prevented death of injured show horse

August 31, 2022 | Katie Stancombe

The 7th Circuit Court of Appeals has affirmed a ruling for an insurance company that chose to save an injured show horse’s life despite its owner’s wishes.

COA: MMA doesn’t apply to woman’s claims for damages based on sexual assault

August 31, 2022 | Jordan Morey

An Indiana woman who was sexually assaulted by a nurse during her stay at a Muncie hospital has failed to convince the Court of Appeals of Indiana that the state’s medical malpractice statute should apply to her claims for damages based on the sexual assault.

COA: Appellant failed to provide correct documentation when requesting withdrawal of guilty plea

August 31, 2022 | Jordan Morey

An Indiana man who didn’t provide a transcript of his guilty plea hearing or a history of his mental health has failed in his appeal of the denial of his motion to withdraw his guilty plea, the Court of Appeals of Indiana has ruled.

Indianapolis man arrested in shooting of 3 Dutch soldiers

August 31, 2022 | Associated Press

Indianapolis police arrested a man Tuesday in connection with a shooting over the weekend that left one Dutch soldier dead and two wounded.

Boone County councilor sues commissioner, files counterclaim against accuser in harassment case

August 31, 2022 | Daniel Bradley, Indianapolis Business Journal

A Boone County Council member who is facing a sexual harassment complaint filed suit Tuesday against a county commissioner and issued a counterclaim against his accuser.

Greising and Tychonievich: Rebranding your school: Benefits, burdens and pathways

August 31, 2022 | Robert A. Greising and Daniel Tychonievich

A school’s brand will likely be one of its highest valued assets and should be protected or, in some cases, rebranded to help the school compete for students and fulfill its educational purposes.

Hammerle on… “Where the Crawdads Sing” and the new Marion County courthouse

August 31, 2022 | Robert Hammerle

Indianapolis criminal defense attorney Robert Hammerle gives us his take on “Where the Crawdads Sing” and the new Marion County courthouse.

Searching for truth: IU McKinney law librarian publishes book detailing historic Indianapolis churches

August 31, 2022 | Katie Stancombe

Light filtered gently through murky multicolored glass on a weekday afternoon at the Christ Church Cathedral on Monument Circle as law librarian Lee Little expertly described the intricacies of the historic structure. Enthralled by the rich, complex and at times painful pasts of churches in the Indianapolis area, Little — a research and instruction librarian and adjunct lecturer in law at the Ruth Lilly Law Library at Indiana University Robert H. McKinney School of Law — decided to put pen to paper and document the city’s churches and congregations.

Maley: 7th Circuit addresses amending pleadings after deadline

August 31, 2022 | John Maley

In Allen v. Brown Advisory, LLC, 41 F.4th 843 (7th Cir. 2022), the plaintiff appealed from the dismissal of his action and denial of his motion to amend his complaint. The 7th Circuit Court of Appeals affirmed; the discussion on seeking to amend pleadings after the amendment deadline has passed is relevant procedurally and provides an excellent primer.

‘Parents don’t know what they don’t know’: Protections under new special education grant program raise concerns

August 31, 2022 | Katie Stancombe

Described as being an additional option for Hoosier students to find the best fit for their special education needs, the Indiana Education Scholarship Account, or ESA, program offers parents the ability to choose where they want to spend state dollars for their child’s education.

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In This Issue

  • Will U.S. Supreme Court hear request to overturn landmark decision on same-sex marriage?

  • Fort Wayne end-of-life doula tests bounds of Indiana’s funeral laws

  • New Notre Dame program helps first-year law students

Most Read
  • Indiana attorney Zuckerberg sues Meta over accusations he’s impersonating Facebook founder

  • Howard County judge permanently banned from judicial service

  • Two attorneys suspended for failing to cooperate with state disciplinary commission

  • Will U.S. Supreme Court hear request to overturn landmark decision on same-sex marriage?

  • State judiciary is considering alternative exam for bar admission

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