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Adoption petitions can’t be granted in favor of deceased grandfather, COA affirms

July 7, 2022 | Olivia Covington

A would-be adoptive grandfather who died before the trial court could rule on his adoption petitions was not entitled to have his petitions granted posthumously, the Court of Appeals of Indiana has ruled.

COA calls a foul after Fighting Irish try to ‘piggyback’ on public project

July 7, 2022 | Marilyn Odendahl

The Court of Appeals of Indiana has stopped an attempt by the University of Notre Dame to install a private transmission line on land that an electric utility took by eminent domain, finding the private school could not “piggyback” on the acquired easements for its own use and benefit.

7th Circuit rules Indiana worker did not prove pretext in firing

July 7, 2022 | Marilyn Odendahl

In considering the arguments made by an Indiana woman who claimed her former employer discriminated against her on the basis of her age and disability, the 7th Circuit Court of Appeals found she could not overcome the pretext hurdle because she essentially offered only a hunch without any supporting evidence.

Split COA reverses CHINS determination despite mother’s mental illness

July 7, 2022 | Olivia Covington

A mother with a history of mental illness and trouble with the law will regain custody of her children after a split panel of the Court of Appeals of Indiana determined there was insufficient evidence to prove her kids were CHINS. But a dissenting judge expressed concern about the children incurring their mother’s “wrath” if left in her care.

Indianapolis man pleads guilty to killing mail carrier

July 7, 2022 | Associated Press

An Indianapolis man has pleaded guilty to second-degree murder for fatally shooting a U.S. Postal Service mail carrier, prosecutors said Wednesday.

New report details missed chances to stop Uvalde shooting

July 7, 2022 | Associated Press

A police officer armed with a rifle watched the gunman in the Uvalde elementary school massacre walk toward the campus but did not fire while waiting for permission from a supervisor to shoot, according to a sweeping critique released Wednesday on the tactical response to the May tragedy.

States move to protect abortion from prosecutions elsewhere

July 7, 2022 | Associated Press

Democratic governors in states where abortion will remain legal are looking for ways to protect any patients who travel there for the procedure — along with the providers who help them — from being prosecuted by their home states.

Ex-cop Chauvin to get federal sentence for Floyd’s killing

July 7, 2022 | Associated Press

Derek Chauvin will learn his sentence Thursday for violating George Floyd’s civil rights, with a deal in place that will extend the time the former Minneapolis police officer already is spending behind bars for killing Floyd while shifting him to possibly more favorable conditions in a federal prison.

Indiana Democrats criticize GOP for delaying special session

July 6, 2022 | Katie Stancombe

While Indiana House and Senate Democrats met at the Statehouse on Wednesday — the technical start date of a special session meant for discussions about Hoosier economic relief and abortion — a swarm of pro-choice protestors gathered on the building’s steps.

Civil legal filing fee extended to 2025

July 6, 2022 | Marilyn Odendahl

The extra $1 tacked on to the cost of filing civil cases in Indiana state courts will continue to be charged for at least another three years, helping bolster the funds appropriated to provide legal assistance to low-income Hoosiers.

Scott Co. Prosecutor Owens named IPAC board chair

July 6, 2022 | IL Staff

Scott County Prosecutor Chris Owens has been named the newest chairman of the Indiana Prosecuting Attorneys Council Board of Directors.

COA: Despite driver’s admission to smoking meth, state failed to prove OWI

July 6, 2022 | Jordan Morey

A man who told Indiana State Police that he had smoked methamphetamine hours before he was pulled over has had his operating while intoxicated conviction reversed.

Greg Garrison gets challenger in race for Hamilton County prosecutor

July 6, 2022 | Daniel Bradley, Indianapolis Business Journal

Hamilton County Deputy Prosecutor Jessica Paxson on Tuesday announced she will run for county prosecutor in the November general election.

Appeals arguments set on immigrants brought to US as kids

July 6, 2022 | Associated Press

Immigrant advocates gathered at a federal appeals court in New Orleans on Wednesday in the hope of saving an Obama-era program that prevents the deportation of thousands of people brought into the U.S. as children.

Opinions July 6, 2022

July 6, 2022

Court of Appeals of Indiana
Jeffrey L. Awbrey v. State of Indiana
21A-CR-2867
Criminal. Reverses Jeffrey L. Awbrey’s conviction of Level 6 felony operating a vehicle while intoxicated. Finds that general testimony from a toxicologist about levels of methamphetamine consistent with those in Awbrey’s blood does not support the inference that Awbrey was impaired. Also finds the state failed to present sufficient evidence of the statutorily required impaired condition of thought and action and the loss of normal control of a person’s faculties. 

July 4 parade shooting suspect expected to appear in court

July 6, 2022 | Associated Press

The man charged with killing seven people when he unleashed a hail of bullets on an Independence Day parade from a rooftop was expected in court Wednesday as authorities faced questions about how he was allowed to buy several guns, despite threatening violence.

Judges keeping Capitol riot trials in DC amid bias claims

July 6, 2022 | Associated Press

Prosecutors and judges see no evidence that Capitol rioters can’t get a fair trial in the district and believe the process of weeding out biased jurors is working. Judges presiding over Jan. 6 cases have consistently rejected requests to move trials, saying the capital has plenty of residents who can serve as fair jurors.

Feds settle suit alleging abuse by men detained after 9/11

July 6, 2022 | Associated Press

The Justice Department on Tuesday settled a decades-old lawsuit filed by a group of men who were rounded up by the government in the weeks after the Sept. 11, 2001, attacks and held in a federal jail in New York in conditions the department’s own watchdog called abusive and harsh.

Indy attorney reinstated after cooperating with Disciplinary Commission

July 6, 2022 | IL Staff

An Indianapolis attorney who was suspended last month for noncompliance with a disciplinary investigation has been reinstated to the practice of law in Indiana.

Hammerle on… “Jurassic World: Dominion” and “Elvis”

July 6, 2022 | Robert Hammerle

Indianapolis criminal defense attorney Bob Hammerle gives us his take on “Jurassic World: Dominion” and “Elvis.”

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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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