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IN justices to consider discovery case involving ‘problematic’ precedent

May 5, 2022 | IL Staff

Indiana Supreme Court justices this month will hear oral arguments on petition to transfer in a case in which the Court of Appeals of Indiana, despite “problematic” precedent, upheld the denial of a defendant’s motion to compel evidence of unredacted copies of the police report in his case.

COA: Trial court had ‘good cause’ for failing to meet 120-day deadline in CHINS case

May 5, 2022 | Marilyn Odendahl

Because a mother remained quiet in a CHINS hearing, the Court of Appeals of Indiana has affirmed that the trial court had good cause for failing to hold a factfinding hearing within the statutorily required 120-day time frame.

Man pleads guilty to manslaughter in Mishawaka mall killing

May 5, 2022 | Associated Press

A man has pleaded guilty to voluntary manslaughter in a deadly shooting that sent shoppers fleeing for safety inside a northern Indiana shopping mall.

Opinions May 5, 2022

May 5, 2022

Court of Appeals of Indiana
In the Matter of: K.T. and B.T. (Minor Children), Children in Need of Services, and P.T. (Mother) v. Indiana Department of Child Services
21A-JC-2025
Juvenile CHINS. Affirms the determination that mother P.T.’s children, K.T. and B.T., are children in need of services. Finds the juvenile court had good cause to continue a factfinding hearing by three days under Indiana Trial Rule 53.5

What’s next in the investigation of the Supreme Court leak?

May 5, 2022 | Associated Press

Chief Justice John Roberts, in ordering an investigation into an “egregious breach of trust” in the leak of a U.S. Supreme Court draft opinion on abortion, tasked a relatively unknown court official to carry out what could be one of the most high-profile investigations in decades.

AP sources: Donald Trump Jr. speaks with Jan. 6 committee

May 5, 2022 | Associated Press

The oldest son of former President Donald Trump has met with the congressional committee investigating the Jan. 6, 2021, insurrection at the U.S. Capitol, according to two people familiar with the matter.

US quietly expands asylum limits while preparing to end them

May 5, 2022 | Associated Press

The Biden administration has begun expelling Cubans and Nicaraguans to Mexico under pandemic-related powers to deny migrants a chance to seek asylum, expanding use of the rule even as it publicly says it has been trying to unwind it, officials said Wednesday.

Cooper settles for record $7.5M with Elkhart for wrongful conviction

May 4, 2022 | Jordan Morey

A former Elkhart resident who spent almost a decade in prison for a crime he didn’t commit will receive the largest wrongful conviction settlement in Indiana history.

SCOTUS accepts Indiana nursing home case

May 4, 2022 | Marilyn Odendahl

The U.S. Supreme Court has accepted a case from northern Indiana that is seen as potentially inducing a flood of claims against nursing homes and enabling patients to circumvent caps states have set on compensation for medical malpractice.

Opinions May 4, 2022

May 4, 2022

Court of Appeals of Indiana
Joel Williams, Jr. v. State of Indiana
21A-CR-1581
Criminal. Affirms the denial of Joel Williams Jr.’s motion to dismiss charges of two counts each of rape and criminal deviate conduct, all Class A felonies, 35 years after the incidents occurred. Finds Williams has not proven that he will suffer actual and substantial prejudice to his right to a fair trial.

Notre Dame hosts panel discussing implications of SCOTUS draft opinion leak

May 4, 2022 | Olivia Covington

In the face of what has been described as an “unprecedented” breach of confidentiality at the nation’s highest court, the University of Notre Dame on Tuesday convened a panel of U.S. Supreme Court scholars to talk through the potential ramifications of the leak of a draft opinion that could fundamentally alter the country’s abortion landscape.

COA allows rape case to proceed 35 years after incident

May 4, 2022 | Katie Stancombe

A Lake County man charged with multiple rapes 35 years after they occurred failed to convince the Court of Appeals of Indiana that his due process rights were violated and that the decadeslong delay was unjustified.

The Bail Project sues state over constitutionality of law limiting charitable bailouts

May 4, 2022 | Jordan Morey

Charitable bail organization The Bail Project has filed a complaint in federal court alleging a new Indiana law restricting whom it can bail out of jail infringes on its constitutional rights.

Indiana GOP lawmakers hold off most hard-right challengers

May 4, 2022 | Associated Press

Frustrated Indiana conservatives fell short in most primary races Tuesday in their drive to push the Republican-controlled state Legislature further to the right, and two of the movement’s leaders lost their reelection bids.

Houchin wins crowded GOP primary for southern Indiana congressional seat

May 4, 2022 | Associated Press

Former state Sen. Erin Houchin has won the crowded Republican primary for an open congressional seat from a solidly GOP district in southern Indiana.

Justices’ views on abortion in their own words and votes

May 4, 2022 | Associated Press

When the U.S. Supreme Court heard arguments in a major abortion case from Mississippi in December, it was clear to observers that there was substantial support among the court’s conservative majority for overruling two landmark decisions that established and reaffirmed a woman’s right to an abortion. Even before arguments in the current case, however, the justices themselves have had a lot to say about abortion over the years — in opinions, votes, Senate confirmation testimony and elsewhere.

DC reaches $750K settlement in Trump inaugural lawsuit

May 4, 2022 | Associated Press

Former President Donald Trump’s businesses and inaugural committee have reached a deal to pay Washington, D.C., $750,000 to resolve a lawsuit that alleged the committee overpaid for events at his hotel and enriched the former president’s family in the process, according to the District of Columbia’s attorney general.

Interviews scheduled next week for Marion Superior Court vacancy

May 3, 2022 | IL Staff

Interviews have been scheduled for next week for 23 Hoosier lawyers and judges seeking to fill an impending vacancy on the Marion Superior Court.

Indiana task force releases final eviction report, makes 2 recommendations

May 3, 2022 | Marilyn Odendahl

Underscoring that money is the root cause of the state’s eviction problem, the Indiana Eviction Task Force has focused its final report on the federal rental assistance funding that is still available and has made recommendations for ways to educate and encourage tenants and landlords to access the financial help.

Opinions May 3, 2022

May 3, 2022

Indiana Supreme Court
Cole G. Strack v. State of Indiana
22S-CR-137
Criminal. Grants transfer and affirms Cole Strack’s six-year sentence, with two years suspended, for his convictions of operating a vehicle while intoxicated and possession of marijuana. Finds Strack was able to exercise both his right to present evidence at sentencing and his right to allocution after pleading guilty. Also finds any error by the Wells Superior Court was harmless and did not affect Strack’s substantive rights such that reversal was warranted.

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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
  • Howard County judge permanently banned from judicial service

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

  • 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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