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Opinions July 12, 2022

July 12, 2022

Court of Appeals of Indiana
Lake County Board of Commissioners v. Lake County Council
21A-MI-1805
Miscellaneous. Affirms the grant of summary judgment for the Lake County Council and the denial of summary judgment for the Lake County Board of Commissioners, and the denial of the commissioners’ motion to correct error, in their dispute over which entity had the statutory authority to act as the county’s purchasing agent and to create a data-processing agency. Finds the Lake Superior Court did not abuse its discretion by denying the commissioners’ motion to correct error as its award of summary judgment in favor of the council was proper.

Insurer wrongly denied $10K to woman after crash, COA rules

July 12, 2022 | Katie Stancombe

An Indiana woman seriously injured in a car crash was wrongfully denied $10,000 in uninsured motorist coverage from her insurer, the Court of Appeals of Indiana affirmed Tuesday. The insurance company’s actions also led the appellate court to question whether it acted in good faith.

After SCOTUS ruling, 7th Circuit vacates permanent injunction, remands Westfield billboard dispute

July 12, 2022 | Jordan Morey

The 7th Circuit Court of Appeals has vacated a permanent injunction against a Westfield billboard ordinance following a U.S. Supreme Court opinion that “bears heavily” upon the case.

Clarksville man sentenced to prison for investor scheme

July 12, 2022 | Mary Roberts, Inside Indiana Business

A Clarksville man has been sentenced to 40 months in federal prison for wire fraud and money laundering offenses related to an investment scheme.

Indy lawyer moves to dismiss Jan. 6 riot charges, cites ‘titanic’ discovery database

July 12, 2022 | Olivia Covington

The Indianapolis attorney charged in connection with the Jan. 6, 2021, riot at the U.S. Capitol is asking a federal judge to dismiss the criminal charges against him for lack of evidence.

7th Circuit lifts injunction against slate of IN abortion laws following Dobbs ruling

July 12, 2022 | Olivia Covington

Several injunctions entered as part of what has been called a “global assault” on Indiana’s abortion regulation scheme were lifted Monday following the U.S. Supreme Court’s ruling that ended the constitutional right to an abortion.

Man charged with killing Terre Haute cop won’t face death penalty charge

July 12, 2022 | Associated Press

Federal prosecutors will not seek the death penalty against an Indiana man charged in the fatal shooting of a Terre Haute police detective who was also an FBI task force officer.

Biden admin: Docs must offer abortion if mom’s life at risk

July 12, 2022 | Associated Press

The Biden administration on Monday told hospitals that they “must” provide abortion services if the life of the mother is at risk, saying federal law on emergency treatment guidelines preempts state laws in jurisdictions that now ban the procedure without any exceptions following the U.S. Supreme Court’s decision to end a constitutional right to abortion.

Detroit cash bail reforms to strike at racial inequality

July 12, 2022 | Associated Press

Michigan’s largest district court and bail reform advocates have agreed to settle a federal class-action lawsuit over cash bail practices, which activists say routinely and unconstitutionally jail poor and working class defendants despite evidence of their inability to pay.

Foley, Hanlon, Uliana named finalists for COA vacancy

July 11, 2022 | Katie Stancombe

Morgan Superior Judge Peter R. Foley, Owen Circuit Judge Kelsey B. Hanlon and criminal defense attorney Stacy R. Uliana have been selected as finalists to fill an upcoming vacancy on the Court of Appeals of Indiana.

GOP lawmakers remain mum on abortion legislation

July 11, 2022 | Indiana Capital Chronicle

Dozens of Republicans who back pro-life issues refused to comment on a possible Indiana abortion ban, leaving a key Right to Life attorney’s proposal as the primary discussion point in the Indiana General Assembly.

7th Circuit: Bloomington antitrust complaint against IU Health can proceed

July 11, 2022 | Jordan Morey

A Bloomington surgeon alleging Indiana University Health violated federal antitrust laws by acquiring local competitors has convinced the 7th Circuit Court of Appeals to reinstate his complaint.

JNC completes interviews for Najam vacancy on COA; Vote on 3 finalists coming tonight

July 11, 2022 | Katie Stancombe

Interviews of nine judges and lawyers seeking to succeed retiring Judge Edward Najam Jr. on the Court of Appeals of Indiana are complete. Now, the seven-member Indiana Judicial Nominating Commission is deliberating on the top three candidates to send to the governor, who will choose Indiana’s next appellate judge.

Opinions July 11, 2022

July 11, 2022


Court of Appeals of Indiana
Leon Casillas v. State of Indiana
21A-CR-2182
Criminal. Affirms Leon Casillas’ convictions of Level 2 felony dealing in a narcotic drug and Level 6 felony possession of methamphetamine, and the finding that he is a habitual offender. Finds Casillas did not waive his objection to the evidence police discovered after they entered his home. Also finds the Vanderburgh Circuit Court did not err in admitting the evidence found inside Casillas’ house because the facts and circumstances presented to the trial court support its finding that Casillas freely and voluntarily consented to the officers’ entry into his home.

COA rules officers’ show of ‘power and influence’ did not force defendant to allow entry

July 11, 2022 | Marilyn Odendahl

An Evansville man argued that when he answered his front door and saw half a dozen police officers on his porch, he had to let them into his house. But while the Court of Appeals of Indiana did not find any constitutional violation, it did fault the officers for failing to turn on their body cameras and record the encounter.

Recount begins for ultra-close House District 32 Republican primary

July 11, 2022 | Daniel Bradley, Indianapolis Business Journal

The recount of an Indiana House of Representatives primary election that was separated by six votes began Monday in Marion County.

Members appointed to new juvenile justice reform committee

July 11, 2022 | IL Staff

The Indiana Supreme Court has named the members of the new Youth Justice Oversight Committee, which will focus on reforming the state’s juvenile justice system to prioritize minors who are at a higher risk of reoffending.

Trial court correctly denied grandmother’s motion to intervene in adoption, COA affirms

July 11, 2022 | Jordan Morey

A Harrison County woman seeking custody of her grandchild failed to convince the Court of Appeals of Indiana that her motion to intervene in a foster parent adoption should’ve been granted.

GiaQuinta joins VP Harris at national abortion roundtable

July 11, 2022 | IL Staff

Indiana House Minority Leader Phil GiaQuinta, D-Fort Wayne, joined lawmakers from Florida, South Dakota, Nebraska and Montana for a discussion with Vice President Kamala Harris about abortion, which she called “one of the most challenging and troubling issues of the day.”

Riley nurse loses sex discrimination appeal

July 11, 2022 | Olivia Covington

A nurse fired from Riley Hospital for Children for behavioral problems failed to prove that her termination was actually due to sex discrimination, the 7th Circuit Court of Appeals has affirmed.

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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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