Juul can keep selling e-cigarettes as court blocks FDA ban
Juul can continue to sell its electronic cigarettes, at least for now, after a federal appeals court on Friday temporarily blocked a government ban.
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Southern Indiana District Court taking applications for potential magistrate judge vacancy
| IL Staff
The U.S. District Court for the Southern District of Indiana is taking applications for a second magistrate judge vacancy that could be created if Magistrate Judge Doris Pryor is confirmed to the 7th Circuit Court of Appeals.
Opinions June 24, 2022
Court of Appeals of Indiana
Chasity M. Becklehimer v. State of Indiana
21A-CR-1646
Criminal. Reverses Chasity Becklehimer’s conviction and sentence for Level 6 felony neglect of a dependent. Finds insufficient evidence to sustain Becklehimer’s conviction.
7th Circuit modifies restitution, forfeiture for fraudster
An Indiana tire store manager who defrauded his company out of hundreds of thousands of dollars has been granted some financial relief but will not get the new trial he’d hoped for.
Deadline tonight for 2022 Corporate Counsel Guide submissions
| IL Staff
Today is the final day to submit company information for the 2022 Indiana Lawyer Corporate Counsel Guide.
COA reverses mother’s neglect conviction after 13-year-old was left alone for weekend
A mother convicted of neglect of a dependent after she left her son home alone for the weekend did not actually commit that crime, the Court of Appeals of Indiana ruled in a Friday reversal.
St. Vincent doctor denied COVID vaccine religious exemption loses 7th Circuit appeal
An Indianapolis doctor who lost his position at St. Vincent Hospital when he refused to get a COVID-19 vaccine on religious grounds has lost his bid at the 7th Circuit Court of Appeals to obtain an injunction requiring the hospital to reinstate him. However, the appellate court found lingering questions as to why other hospital employees were given religious accommodations.
Federal court amends rules to reflect changes to electronic filing system
| IL Staff
Out-of-jurisdiction attorneys will have two ways to apply for pro hac vice admission to the Southern Indiana District Court under a series of amendments being made to accommodate an upgrade to the electronic filing system.
Indiana Legislature to address abortion laws during July 6 special session; Political leaders react to Dobbs ruling
| Jordan Morey and IL Staff and Associated Press
With Roe v. Wade overturned, Indiana’s Republican supermajority General Assembly plans to address the state’s abortion laws during a July 6 special session.
Supreme Court overturns Roe v. Wade; states can ban abortion
The U.S. Supreme Court has ended the nation’s constitutional protections for abortion that had been in place nearly 50 years in a decision by its conservative majority to overturn Roe v. Wade. Friday’s outcome is expected to lead to abortion bans in roughly half the states.
After Supreme Court gun decision, what’s next?
The U.S. Supreme Court has issued its biggest gun rights ruling in more than a decade. Here are some questions and answers about what the Thursday decision does and does not do.
Setting gridlock aside, Congress set to OK gun violence bill
A bipartisan gun violence bill that seemed unimaginable a month ago is on the verge of winning final congressional approval, a vote that will produce lawmakers’ most sweeping answer in decades to brutal mass shootings that have come to shock yet not surprise Americans.
Hearing: Trump told Justice Dept. to call election ‘corrupt’
Former President Donald Trump hounded the Justice Department to pursue his election fraud claims, striving to enlist top law enforcement officials in his bid to stay in power and relenting only when warned in the Oval Office of mass resignations, according to testimony Thursday to the House panel investigating the Jan. 6, 2021, Capitol riot.
Judge approves $1B+ deal in deadly Florida condo collapse
A judge gave final approval Thursday to a settlement topping $1 billion for victims of the collapse of a Florida beachfront condominium building that killed 98 people, one of the deadliest building failures in U.S. history.
Attorneys say death of Herman Whitfield after IMPD use of force was ‘wrong’
The attorneys representing an Indianapolis family whose son died while being forcibly restrained by Indianapolis police say they have filed a wrongful death lawsuit against the city and the officers involved to change the way law enforcement handles individuals with mental health issues.
Justices split, find ‘jurisdictional gap’ in child molesting offense committed by minor who is now an adult
Neither the juvenile court nor the criminal court has jurisdiction over a man who allegedly committed child molesting while still a minor but whom the state did not attempt to criminally charge until he was over 21, creating a “jurisdictional gap” in cases where an offender ages out of the juvenile system, according to the Indiana Supreme Court. But the court’s majority holding was challenged by two dissenting justices, who argued the Indiana Legislature “would never have intended” for the alleged criminal act to go unpunished.
Inmate sanctioned by COA for continued filing of frivolous lawsuits
Fed up with the increasing burden an Indiana inmate has placed on the courts with frivolous lawsuits, the Court of Appeals of Indiana has instructed trial courts to not put up with the prisoner’s misconduct any longer.
Opinions June 23, 2022
Indiana Supreme Court
Steven Church v. State of Indiana
22S-CR-201
Criminal. Affirms the Marion Superior Court’s denial of Steven Church’s petition pursuant to Indiana Code § 35-40-5-11.5 to obtain a deposition of his alleged child sex abuse victim. Finds the statute is not being retroactively applied to Church and is not a procedural statute that conflicts with Indiana Trial Rules. Also finds the statute is substantive because it predominantly furthers the legitimate public policy objectives within the General Assembly’s exclusive purview. Finally, finds the statute does not violate Church’s constitutional rights under the Indiana or United States constitutions. Justice Christopher Goff concurs in part and in the judgment with separate opinion.
Indiana justices reverse ruling permitting deposition of child sex abuse victims
The Indiana Supreme Court has swiped at a Court of Appeals of Indiana ruling that allowed a defendant accused of child sex crimes to take the deposition of his accuser, concluding that a disputed state statute preventing such depositions does not conflict with the Indiana Trial Rules.
COA reverses new trial order, reinstates jury verdict against YMCA in personal injury case
The Court of Appeals of Indiana has reversed the grant of a new trial in a personal injury case involving a local YMCA and has reinstated a jury verdict against the YMCA after it determined the trial court abused its discretion.