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Opinions March 18, 2022

March 18, 2022

Brent A. Taylor v. Tom Antisdel, et. al.
21A-CT-1934
Civil tort. Affirms the Allen Superior Court’s dismissal of a defamation lawsuit filed by Brent A. Taylor against multiple local news outlets. Finds the trial court didn’t err in in dismissing the lawsuit. Also finds the statements Taylor alleged were defamatory were a matter of public concern, and he didn’t allege any facts tending to show the outlets reported with actual malice, as they did not report on anything other than the information contained in court documents and police records. Finally, finds that even if a false statement was published, Taylor cannot establish sufficient proof to permit the conclusion that the outlets entertained “serious doubts” as to the truth of their publications or that there was a “high degree of awareness that the statements were probably false.”

Council resolution is latest effort to upend merit selection in Lake County

March 18, 2022 | Marilyn Odendahl

The Lake County Council has joined the push to give local residents the ability to elect their superior court judges rather than have the governor select the community’s judicial officers.

Child molester loses appeal of defamation suit against Fort Wayne media

March 18, 2022 | Jordan Morey

A man who claimed local news outlets defamed him with inaccurate details after he was convicted of child molesting couldn’t convince the Court of Appeals of Indiana that his lawsuit wasn’t frivolous.

Judge dismisses charges for 2 in Hammond cop’s 1980 killing

March 18, 2022 | Associated Press

A judge has dismissed murder charges against two men in the fatal 1980 shooting of an off-duty Hammond police officer after prosecutors said they lacked sufficient evidence “to prove these charges beyond a reasonable doubt.”

How to get on the Supreme Court? Smile a lot, speak a little

March 18, 2022 | Associated Press

Keep a smile on your face. Don’t talk too much. Avoid the news media. It’s advice U.S. Supreme Court nominees have heard for decades from the guides that presidents select to help steer candidates through the Senate confirmation process.

Holcomb, Chambers to visit Slovakia, Israel on economic mission

March 18, 2022 | Indianapolis Business Journal Staff

Indiana Gov. Eric Holcomb and Secretary of Commerce Brad Chambers will lead an economic development trip to Slovakia and Israel beginning March 27.

US courts see drop in filings, display strength in ‘trying times’ in 2021

March 18, 2022 | IL Staff

Members of the United States judiciary in 2021 successfully endured a year fraught with challenges, according to a new report from the Administrative Office of the U.S. Courts. Judicial officers also saw significant drops in filings in 2021.

COA to hear arguments in sewage leak case

March 18, 2022 | IL Staff

The Court of Appeals of Indiana is set to hear oral arguments next week in a dispute over proceedings supplemental in a messy sewage case.

Longtime Chamber of Commerce leader Brinegar announces retirement plans

March 18, 2022 | Indianapolis Business Journal Staff

The Indiana Chamber of Commerce on Thursday announced retirement plans for Kevin Brinegar, who has led the statewide business advocacy group as president and CEO for the past 20 years.

Opinions March 17, 2022

March 17, 2022

Court of Appeals of Indiana
Latuwan Anthony Partee v. State of Indiana
21A-CR-1529
Criminal. Affirms Latuwan Partee’s conviction and 27 ½-year aggregate sentence for dealing in cocaine, a Level 2 felony, and possession of marijuana, a Class B misdemeanor, along with being found to be a habitual offender. Finds the Marion Superior Court did not commit fundamental error by failing to explicitly tell the defendant he could be present at his own trial if he behaved. Also finds the trial court’s sentence order contains a scrivener’s error. Remands with instructions for the scrivener’s error to be corrected.

Indiana governor signs gradual income tax cut plan into law

March 17, 2022 | Associated Press

A plan for gradually cutting Indiana’s individual income tax rate over the next seven years has been signed into law by Gov. Eric Holcomb, the governor’s office announced Wednesday.

COA: Unruly defendant did not have to be explicitly told he could attend trial if he behaved

March 17, 2022 | Marilyn Odendahl

A so-called sovereign citizen who was removed from his own trial because of his disruptive behavior, then tried to get his conviction overturned by arguing he was not told he could remain in the courtroom if he behaved, did not get any sympathy from the Court of Appeals of Indiana, which instead commended the trial court for its patience in handling such a difficult defendant.

Jefferson woman indicted for unreasonable force during Louisville protest

March 17, 2022 | IL Staff

A federal grand jury has handed down an indictment against a Jeffersonville woman for allegedly using unreasonable force during a racial justice protest in her capacity as a former Louisville, Kentucky, police officer.

Marion County Courts’ transition to Community Justice Campus set to begin in April

March 17, 2022 | IL Staff

Marion County Courts will begin to transition more than 200 employees to Indianapolis’ new Community Justice Campus next month after delays of the move-in process, the Marion Superior Court has announced.

Druidism now recognized as distinct religion at DOC

March 17, 2022 | Olivia Covington

The Indiana Department of Correction is now allowing followers of Druidism to study and worship as a distinct religion pursuant to a court-approved consent decree.

Indy attorney tied to Capitol riot ordered released

March 17, 2022 | IL Staff

The Indianapolis attorney arrested in connection with the Jan. 6, 2021, riot at the U.S. Capitol has been released on his own recognizance and is banned from traveling to Washington, D.C., except for court proceedings.

Police: Hammond man kicked cousin 24 times, partially blinding him

March 17, 2022 | Associated Press

A northwest Indiana man allegedly kicked his cousin in the head 24 times during a fight, leaving him partially blind, authorities said.

Authorities say DNA solves 1988 Southern California killing; suspect died in Indiana

March 17, 2022 | Associated Press

Authorities said Wednesday they have solved the 1988 killing of a San Diego County woman, but the suspect died in an Indiana house fire two decades ago.

Expungement provides no cure for physician, appellate court rules

March 16, 2022 | Marilyn Odendahl

Finding state statute does not require a professional license to be renewed after an expungement, the Court of Appeals of Indiana has upheld a refusal by the Medical Licensing Board of Indiana to amend the disciplinary records and lift the sanctions imposed on a physician who was convicted of a misdemeanor.

7th Circuit: Woman injured from tripping over curb can’t hold Speedway liable

March 16, 2022 | Katie Stancombe

A woman who injured herself after tripping over a curb at a Speedway convenience store did not convince the 7th Circuit Court of Appeals that the gas station was liable for her injuries.

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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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