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12 Indiana judges, lawyers apply for Molter’s upcoming COA vacancy

August 12, 2022 | IL Staff

Twelve Hoosier lawyers and judges have applied to fill an upcoming vacancy on the Court of Appeals of Indiana that will be left by Judge Derek Molter when he joins the Indiana Supreme Court next month.

Justices grant transfer to waterlogged tenants’ dispute

August 12, 2022 | IL Staff

After being buoyed by a win in the trial court then sunk by a reversal from an appellate panel, a group of Indianapolis businesses that sued after a sprinkler system broke and flooded their offices will be able to float their arguments again since the Indiana Supreme Court has granted transfer of their case.

Opinions Aug. 12, 2022

August 12, 2022

Court of Appeals of Indiana
Mario Sims v. Pete Buttigieg; Mike Schmul; Tim Corbett; St. Joseph County, by the Board of Commissioners of St. Joseph County, Indiana; City of South Bend, Indiana; Stephanie Steele, as Corporation Counsel for the City of South Bend; Tasha Reed Outlaw; Ann-Carol Nash; and Cristal Brisco
21A-CT-2309
Civil tort. Affirms the dismissal of Mario Sims’ complaint against officials and public entities from South Bend. Finds that pursuant to the screening procedure in Sims v. Scopelitis, 797 N.E.2d 348 (Ind. Ct. App. 2003), trans. denied (2004), Sims’ lawsuit should never had been filed, but there was no procedural error in the St. Joseph Circuit Court performing its mandated Scopelitis review after the premature filing of the complaint. Also finds that because the trial court determined Sims’ claims in the complaint cannot go forward, the appellees were not in default for not filing an answer or other responsive pleading as claimed by Sims in his appellate brief. Finally, finds the trial court properly dismissed Sims’ complaint with prejudice.

COA affirms dismissal of appeal from inmate with ‘penchant for litigation’

August 12, 2022 | Katie Stancombe

A South Bend man with a history of filing dozens of “meritless actions” has once again failed to convince the Court of Appeals of Indiana that he was wronged by the justice system, drawing it to further tighten the boundaries of his filing abilities.

CJ Rush to serve as chair of Marion Co. Judicial Selection Committee after David’s retirement

August 12, 2022 | IL Staff

Indiana Chief Justice Loretta Rush will fill in for Justice Steven David as the chair of the Marion County Judicial Selection Committee after he retires at the end of the month.

Purdue, IU agree to transform IUPUI, rebrand 52-year-old school as IU Indianapolis

August 12, 2022 | John Russell, Indianapolis Business Journal

Trustees at Indiana and Purdue universities were voting Friday to revamp a 52-year relationship that is IUPUI and rebrand the urban campus as Indiana University Indianapolis, a move intended to end confusion and drive growth in enrollment, research and prestige.

Indiana Rep. Walorski’s work called ‘mission’ during funeral

August 12, 2022 | Associated Press

Political leaders on Thursday honored Republican U.S. Rep. Jackie Walorski of Indiana as a determined advocate for her beliefs during a funeral after she and three other people were killed in a highway crash last week.

FBI: Data from Greenwood mall gunman’s laptop cannot be recovered

August 12, 2022 | Associated Press

Data cannot be recovered from the laptop of the 20-year-old man who allegedly shot five people in a suburban Indianapolis shopping mall, killing three of them, the FBI said Thursday.

Richmond cop wounded during traffic stop ‘extremely critical’

August 12, 2022 | Associated Press

An eastern Indiana police officer shot in the head during a traffic stop and search for possible narcotics remained in “extremely critical” condition Thursday, her police chief said.

CDC drops quarantine, distancing recommendations for COVID

August 12, 2022 | Associated Press

The nation’s top public health agency relaxed its COVID-19 guidelines Thursday, dropping the recommendation that Americans quarantine themselves if they come into close contact with an infected person. The Centers for Disease Control and Prevention also said people no longer need to stay at least 6 feet away from others.

Federal criminal case against former Celadon Group executives dismissed

August 11, 2022 | Susan Orr, Indianapolis Business Journal

In an uncommon turn of events, all fraud charges against two former Celadon Group Inc. executives have been dropped, ending a federal criminal case that had been ongoing for more than two years.

Pilot program in 5 county jails to integrate mental health, addiction peer recovery

August 11, 2022 | IL Staff

Inmates with mental health and substance use disorders in five Indiana counties will be offered new peer support and resources through a pilot program designed to connect them with treatment options, the Indiana Family and Social Services Administration’s Division of Mental Health and Addiction has announced.

COA dismisses appeal of denied PCR petition

August 11, 2022 | Katie Stancombe

A convicted murderer will not be able to appeal the denial of his petition for post-conviction relief after the Court of Appeals of Indiana determined a trial court erred in granting him permission to file a belated appeal.

Opinions Aug. 11, 2022

August 11, 2022

Court of Appeals of Indiana
Leandrew Beasley v. State of Indiana  
21A-PC-2115
Post-conviction. Dismisses Leandrew Beasley’s appeal of the denial of his petition for post-conviction relief. Finds Beasley forfeited his right to appeal from the denial of his petition for post-conviction relief, and no extraordinarily compelling reasons exist sufficient to restore that right.

Attorney reinstated to Indiana bar after noncooperation suspension lifted

August 11, 2022 | IL Staff

An attorney has been reinstated to the practice of law in Indiana after her suspension for noncooperation was lifted.

American Senior Communities agrees to pay $5.6M to settle false claims allegations

August 11, 2022 | John Russell, Indianapolis Business Journal

American Senior Communities, the largest nursing home company in Indiana, has agreed to pay nearly $5.6 million to resolve allegations that it violated federal laws by submitting false claims to the Medicare program.

Indiana funeral set for GOP Rep. Walorski killed in crash

August 11, 2022 | Associated Press

The funeral for Indiana Republican U.S. Rep. Jackie Walorski will be held Thursday in her home state of Indiana, where she and three other people were killed in a head-on highway crash.

Indiana officer critically wounded in traffic stop shooting

August 11, 2022 | Associated Press

An eastern Indiana police officer was critically wounded and a man was injured in a shootout following a traffic stop and search for possible narcotics, authorities said.

Breyer, Gorsuch join to promote education about Constitution

August 11, 2022 | Associated Press

Recently retired Supreme Court Justice Stephen Breyer has become the honorary co-chairman of a nonpartisan group devoted to education about the Constitution, joining Justice Neil Gorsuch at a time of intense political polarization and rising skepticism about the court’s independence.

Susan Brooks, John Tinder join chorus denouncing Indiana AG Todd Rokita

August 10, 2022 | Marilyn Odendahl

A former congresswoman and retired federal judge are publicly criticizing Indiana Attorney General Todd Rokita, describing his recent actions as smacking of McCarthyism and calling on law enforcement officials to “reject his example.”

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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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