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Indiana Democrats confirm candidate to replace Rep. Walorski

August 24, 2022 | Associated Press

Democrat Paul Steury has been confirmed as the party’s candidate for the special election to complete the congressional term of Republican U.S. Rep. Jackie Walorski following her death in a northern Indiana highway crash.

Former Louisville cop pleads guilty in Breonna Taylor case

August 24, 2022 | Associated Press

A former Louisville police detective who helped falsify the warrant that led to the deadly police raid at Breonna Taylor’s apartment has pleaded guilty to a federal conspiracy charge.

More than 100 classified Trump docs recovered back in Jan.

August 24, 2022 | Associated Press

The National Archives and Records Administration recovered more than 100 documents bearing classified markings, totaling more than 700 pages, from an initial batch of 15 boxes retrieved from Mar-a-Lago earlier this year, according to newly public government correspondence with the Trump legal team.

Uvalde school board to consider firing district police chief

August 24, 2022 | Associated Press

Uvalde’s embattled school police chief on Wednesday could become the first officer to lose his job over the hesitant response by hundreds of heavily armed law enforcement personnel during the May massacre at Robb Elementary School.

Renowned trial consultant headlining ISBA Litigation Symposium

August 23, 2022 | IL Staff

An expert trial consultant who has worked on high-profile cases such as those involving O.J. Simpson, Casey Anthony, Aaron Hernandez, Phil Spector, Enron, Whitewater and Kwame Kilpatrick will speak later this week in Carmel.

7th Circuit affirms for city of Indianapolis in bar brawl involving off-duty officers

August 23, 2022 | Katie Stancombe

A man who was knocked out by two off-duty Indianapolis police officers during a bar fight and was initially awarded more than $1 million in damages against the city could not convince the 7th Circuit Court of Appeals that the municipality should be held vicariously liable for its employees’ actions.

Opinions Aug. 23, 2022

August 23, 2022

Court of Appeals of Indiana
Robert Eugene Smith, Jr. v. State of Indiana
21A-CR-2493
Criminal. Affirms the Hendricks Superior Court’s denial of Robert Eugene Smith Jr.’s motion to dismiss the charging information alleging he committed two counts each of Level 5 felony failure to register as a sex or violent offender and Level 6 felony failure to register as a sex or violent offender. Finds that although Smith’s motion was timely, he was under a lifetime obligation to register as a sex offender at the time of the alleged offenses. Also finds the 2007 amendment to Indiana Code § 11-8-8-19 did not retroactively apply to Smith, and he is not similarly situated to sex offenders who committed their crimes under a different statutory regime than he did. Finally, finds Smith’s lifetime registration obligation follows from Indiana Code, and a letter from the Johnson County Sheriff does not remove that obligation.

Lifetime registration affirmed for sexual offender despite statute change

August 23, 2022 | Katie Stancombe

A man required to register as a sex offender for the rest of his life after committing sexual battery did not convince the Court of Appeals of Indiana that a later amendment overhauling Indiana’s registration requirement for the same crime should apply to his case.

2 men convicted in plot to kidnap Michigan Gov. Whitmer

August 23, 2022 | Associated Press

A jury on Tuesday convicted two men of conspiring to kidnap Michigan Gov. Gretchen Whitmer in 2020, a swift victory for prosecutors in a plot that was broken up by the FBI and described as a rallying cry for a U.S. civil war by anti-government extremists.

COA: Wife’s testimony provided ‘rational basis’ under Indiana Evidence Rule 701

August 23, 2022 | Marilyn Odendahl

A Chicago man convicted of multiple felonies in Indiana tried to block his wife’s testimony at trial under Indiana Evidence Rule 701, but the Court of Appeals of Indiana held that after 11 years of marriage, the wife would be able to recognize her husband on surveillance video.

COA reverses teen’s intimidation adjudication for insufficient evidence

August 23, 2022 | Jordan Morey

A teenager who lashed out at her mother and sister before causing property damage has convinced the Court of Appeals of Indiana to overturn her delinquency adjudication for intimidation.

Trump seeks special master to review Mar-a-Lago documents

August 23, 2022 | Associated Press

Lawyers for former President Donald Trump asked a federal judge Monday to halt the FBI’s review of documents recovered from his Florida estate earlier this month until a neutral special master can be appointed to inspect the records.

What’s the ‘speech or debate’ clause cited in Georgia probe?

August 23, 2022 | Associated Press

Sen. Lindsey Graham is holding up the Constitution’s “speech or debate” clause as a shield as he tries to avoid testifying before a special grand jury that’s investigating whether former President Donald Trump and others tried to illegally influence the 2020 election in Georgia.

Federal judge dismisses investors’ complaint against Elanco alleging ‘channel stuffing’

August 22, 2022 | John Russell, Indianapolis Business Journal

A federal judge has dismissed, for now, an investors’ securities suit against Elanco Animal Health that claimed the Greenfield-based company defrauded shareholders by “stuffing” product distribution channels far in excess of customers’ demands.

Indy FOP confidence vote reveals very little law enforcement support for Marion County prosecutor, courts

August 22, 2022 | Katie Stancombe

Two questions posed to hundreds of central Indiana police officers in a vote of confidence have revealed bare-bones support for the Marion County prosecutor and Marion County court system, according to an announcement from the Indianapolis Fraternal Order of Police, Lodge #86.

Opinions Aug. 22, 2022

August 22, 2022

Court of Appeals of Indiana
Michael Whitaker v. State of Indiana (mem. dec.)
21A-CR-2268
Criminal. Affirms Michael Whitaker’s convictions of Level 6 felony driving while intoxicated endangering a person and Class B misdemeanor leaving the scene of an accident. Vacates Whitaker’s conviction of Level 6 felony driving with an alcohol concentration equivalent over .15 on double jeopardy grounds. Finds the state presented sufficient evidence that Whitaker operated his vehicle. Also finds the Whitley Superior Court did not abuse its discretion when it admitted photographs of items found in Whitaker’s car because those items were found in plain view by an officer who had been called to an accident scene and their connection to criminal activity was immediately apparent.

Court puts on hold Graham’s testimony in Ga. election probe

August 22, 2022 | Associated Press

A federal appeals court on Sunday agreed to temporarily put on hold a lower court’s order requiring that U.S. Sen. Lindsey Graham testify before a special grand jury that’s investigating possible illegal efforts to overturn then-President Donald Trump’s 2020 election loss in Georgia.

Indiana gets boost in DOJ funding to help sexual assault victims

August 22, 2022 | IL Staff

Indiana is receiving nearly $700,000 as part of a U.S. Department of Justice grant that will be divided among agencies and nonprofits around the state to help support victims of sexual assault.

Fauci, top infectious disease expert, to retire in December

August 22, 2022 | Associated Press

Dr. Anthony Fauci, the nation’s top infectious disease expert who became a household name — and the subject of partisan attacks — during the COVID-19 pandemic, announced Monday he will depart the federal government in December after more than five decades of service.

Public comments sought on proposed federal rule changes

August 22, 2022 | IL Staff

The federal judiciary is requesting public comment on proposed changes to numerous federal appellate, bankruptcy, civil procedure and evidence rules.

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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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