Indiana Lawyer accepting submissions for 2022 Corporate Counsel Guide
| IL Staff
Indiana Lawyer is now accepting submissions for its 2022 Corporate Counsel Guide, which will be made available exclusively through an online database.
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No charges for FBI agents in botched Larry Nassar probe
The U.S. Justice Department said Thursday it will not pursue criminal charges against former FBI agents who failed to quickly open an investigation of sports doctor Larry Nassar despite learning in 2015 that he was accused of sexually assaulting female gymnasts.
Senators talk expanded gun background checks, red flag laws
A bipartisan group of senators is considering how Congress should respond to the horrific shooting of 19 children and two teachers in Uvalde, Texas, restarting gun control talks that have broken down many times before.
Justices to rule in gun case with US raw from mass shootings
With mass shootings in Texas, New York and California fresh in Americans’ mind, the U.S. Supreme Court will soon issue its biggest gun ruling in more than a decade, one expected to make it easier to carry guns in public in some of the nation’s largest cities.
Justices won’t block Biden policy on ‘social cost of carbon’
The U.S. Supreme Court on Thursday allowed the Biden administration to use a higher estimate, challenged by Republican-led states, for calculating damages to people and the environment from greenhouse gas emissions.
Detention hearing waived in plot to kill George W. Bush
An Iraqi man behind bars following his arrest on a charge of plotting to assassinate former President George W. Bush has waived his right to a detention hearing and will remain behind bars for now, according to a court document filed Thursday.
Trump loses appeal, must testify in New York civil probe
Former President Donald Trump must answer questions under oath in the New York attorney general’s civil investigation into his business practices, a state appeals court ruled Thursday, rejecting his argument that he should be excused from testifying because his answers could be used in a parallel criminal probe.
Indiana Republicans still pushing for special session on abortion if Roe overturned
As Indiana Republican leaders say they continue to support a special session to consider further restricting abortion access in the Hoosier State should the U.S. Supreme Court overrun Roe v. Wade, one legislator said the women in the Indiana General Assembly could have a significant impact on any resulting laws.
7th Circuit affirms dismissal of Indiana homeowners’ suit over Lake Michigan beach ownership
Continuing a yearslong legal battle over property rights along Indiana’s Lake Michigan shoreline, the 7th Circuit Court of Appeals upheld the dismissal of a lawsuit brought by property owners who claimed an Indiana Supreme Court decision upholding public rights to the shoreline constituted an unlawful taking of their property.
Pryor may have easier path to 7th Circuit confirmation than past nominees
Now that she has been nominated to the 7th Circuit Court of Appeals, Magistrate Judge Doris Pryor of the Southern Indiana District Court is facing a journey to the appellate bench that has not always been smooth for Indiana judges tapped by Democratic presidents.
Adoption case remanded to determine if man is child’s ‘legal’ father
An Indiana man who claims he is the “legal,” but not biological, father of a child has successfully challenged a lower court ruling that his consent to the child’s adoption was not required. The adoption case will now return to the trial court, where a judge must determine if the man actually is the child’s “legal” father.
COA splits over custody modification, rules against mom who proceeded pro se after attorney quit
A split Court of Appeals of Indiana has affirmed a child custody switch from mother to father, finding that although the mother had to proceed pro so at the custody hearing, she was not prejudiced by the denial of her motions to continue after her counsel quit.
Opinions May 26, 2022
Court of Appeals of Indiana
B.A. v. D.D. and C.D.
22A-AD-147
Adoption. Affirms and reverses in part the grant of summary judgment in favor of adoptive parents D.D. and C.D. on their claim that father B.A.’s consent to the adoption of P.A. was not required. Finds B.A. has not met his burden on appeal to demonstrate that the court erred when it ordered him to submit to a DNA test. Also finds evidence that a man is not a child’s biological father, without more, is not dispositive of whether he is the child’s legal father and does not obviate the need for his consent to an adoption. Finally, finds the adoptive parents failed to designate evidence that would exclude B.A. as P.A.’s legal father such that B.A.’s consent would not be required under Indiana Code § 31-19-9-1(a)(2). Remands for further proceedings.
Prosecutor: Greene Co. police chief justified in fatal shooting
A southwestern Indiana police chief was justified when he fatally shot a man in April who was threatening people while armed with a knife, a prosecutor said.
Indiana governor eyes ‘inflationary relief,’ not gas tax cut
Indiana’s governor said Wednesday he was preparing a plan to potentially tap into the growing state budget surplus to help residents with the national inflation jump, while rejecting calls for suspending state gas taxes.
Biden administration opposes airlines in lawsuit over crew breaks
The Biden administration has sided against the airline industry and urged the U.S. Supreme Court on Wednesday to uphold a California law that would provide more rest and meal breaks than airline crews are guaranteed under federal rules.
South Bend attorney sentenced to over 10 years in prison for defrauding clients
| IL Staff
South Bend attorney Sven Eric Marshall has been sentenced to serve more than 10 years in federal prison and ordered to pay $1.94 million in restitution for defrauding investors in his former business, Trust & Investment Advisory Services of Indiana, Inc.
Former Vincennes police chief arrested for stealing from department, wife arrested for theft of prescription drugs
| IL Staff
Former Vincennes Police Department Chief Dustin Luking was arrested on multiple felony charges Wednesday for allegedly stealing thousands of dollars from an evidence vault for personal use. Also today, Bethany J. Shelton Luking, Dustin’s wife, was arrested for allegedly stealing prescription medication from her employer, a senior center in Vincennes.
Man charged with 41 felonies loses bond reduction appeal
A man facing 41 felony charges will not have his bail reduced after the Court of Appeals of Indiana determined the consequences of his case could prove “severe.”
Opinions May 25, 2022
Court of Appeals of Indiana
Alan Jones v. State of Indiana
21A-CR-2809
Criminal. Affirms the Shelby Circuit Court’s denial of Alan Jones’ motion for reduction of bail. Finds Jones has failed to show that the decision declining to reduce bond was clearly against the logic and effect of the circumstances before the trial court.