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Allen County Prosecutor Richards won’t seek reelection

February 4, 2022 | Associated Press

The longtime prosecutor for Fort Wayne and Allen County will not seek a sixth term this year, County Republican Chairman Steve Shine said Thursday.

Drug charges for 39 people in Tennessee, Georgia, Indiana

February 4, 2022 | Associated Press

More than three dozen people have been charged with trafficking drugs into Tennessee from Georgia and Indiana, authorities said.

2 Gary men arrested, charged in 2018 fatal shootings of 3

February 4, 2022 | Associated Press

Two Gary men have been arrested in the 2018 shooting deaths of three people whose bodies were found along a roadside and in a car’s trunk after they had attended a birthday celebration.

Marion Co. magistrate Gaughan tapped to fill vacancy on superior court

February 3, 2022 | IL Staff

Marion Superior Magistrate Judge Danielle P. Gaughan has been named the new Marion Superior Court judge, succeeding Mark Jones, who resigned from the bench Jan. 8.

Supreme Court affirms trial court’s denial of bail modification for teen

February 3, 2022 | Marilyn Odendahl

Upholding the trial court’s refusal to reduce the bond or grant conditional release to a teenager connected to a home invasion, the Indiana Supreme Court has also chided the Court of Appeals of Indiana for reversing the trial court and issuing a ruling that required the teen to be released immediately.

Opinions Feb. 3, 2022

February 3, 2022

Indiana Supreme Court
Sierra M. DeWees v. State of Indiana

21S-CR-410
Criminal. Affirms the Clay Superior Court’s denial of Sierra DeWees’ motion for bond reduction or conditional pretrial release. Finds the Indiana General Assembly’s statutory reforms enhance rather than restrict a trial court’s discretion in determining bail. Also finds the trial court did not abuse its discretion in finding DeWees is accused of an “extremely serious” crime and, facing a 30-year sentence, posed a flight risk. Urges the Court of Appeals of Indiana to act with “prudence and restraint” when deviating from Appellate Rule 65(E). If either party seeks modification of DeWees’ conditional release, remands with instructions for the trial court to conduct a hearing.

7th Circuit affirms, reverses on ‘bona fide error’ defense in consolidated debt suits

February 3, 2022 | Katie Stancombe

Two Indiana women who disputed debts they allegedly owed to debt-collection companies received conflicting results from the 7th Circuit Court of Appeals in a consolidated Wednesday decision.

Purdue University files patent-infringement suit against Google

February 3, 2022 | Susan Orr, Indianapolis Business Journal

Purdue University’s Purdue Research Foundation is suing Google LLC over Android software that Purdue says incorporates patented technology for smartphones.

Marion County courts continue emergency closure

February 3, 2022 | IL Staff

Marion County courts will remain closed Friday because of the winter storm that continues to pummel Indiana.

Appellate panel denies targeted approach in criminal recklessness ruling

February 3, 2022 | Marilyn Odendahl

A LaPorte County man who fired a shotgun into a pickup truck then argued his action did not trigger precedent was unable to get the Court of Appeals of Indiana to narrow the scope of the previous ruling and overturn his felony conviction.

Appellate court upholds revocation of home detention following failed drug test

February 3, 2022 | Olivia Covington

A man who violated the terms of his plea agreement within one month of sentencing has failed to convince the Court of Appeals of Indiana that the trial court erred in revoking his placement on home detention in favor of an executed sentence.

7th Circuit upholds life sentence for Hoosier man in child sex crimes case

February 3, 2022 | Katie Stancombe

A life sentence has been upheld against an Indiana man convicted of a dozen crimes related to his production and possession of child pornography.

COA reverses for Madison man removed from community boards by mayor

February 3, 2022 | Jordan Morey

A Madison man who was removed from two community boards by the mayor after a heated exchange during a public meeting could still be reinstated after a split Court of Appeals of Indiana found multiple errors were made by the trial court in its legal reasoning for denying him injunctive relief.

Marion County GOP prosecutor candidate Carrasco joining Indy firm

February 3, 2022 | IL Staff

Republican candidate for Marion County prosecutor Cynthia “Cyndi” V. Carrasco is joining the Indianapolis law firm of Riley Bennett Egloff LLP as of counsel, the firm announced this week. Carrasco will work with the firm’s government affairs practice group, according to a news release.

Bills supporting pro bono legal services advancing in Statehouse

February 3, 2022 | Marilyn Odendahl

After the pro bono filing fee bill failed to get even a hearing last year, two bills extending the life of the $1 surcharge have passed through their respective chambers this year as the 2022 session of the Indiana General Assembly gets to the midway mark.

Indiana joins lawsuit against California precious metals company

February 3, 2022 | Alex Brown, Inside Indiana Business

Indiana is one of 27 states filing a lawsuit against a California company accused of bilking elderly investors throughout the country out of nearly $70 million. Indiana Attorney General Todd Rokita’s office says at least 16 Indiana residents are among the victims who were defrauded by Safeguard Metals.

Biden reaches for GOP support for Supreme Court nominee

February 3, 2022 | Associated Press

President Joe Biden is reaching out for Republican support for his eventual Supreme Court nominee, inviting the GOP’s top Judiciary Committee senator to the White House on Tuesday along with the panel’s Democratic chairman and phoning Senate Republican leader Mitch McConnell for a one-on-one discussion.

Courts announce closures in advance of winter storm

February 2, 2022 | IL Staff

The winter storm predicted to dump several inches of snow on Indiana is disrupting courts around the Hoosier State, causing cancellations of some proceedings and closing courthouses.

Legislators honor COA Judge Najam ahead of retirement

February 2, 2022 | IL Staff

State legislators honored longtime Court of Appeals of Indiana Judge Edward W. Najam Jr. for his decades of service last week in anticipation of his upcoming retirement.

Opinions Feb. 2, 2022

February 2, 2022

Court of Appeals of Indiana
U.S. Foods, Inc. v. Enspire Training, LLC (mem. dec.)
21A-SC-1259
Small claims. Reverses judgment in favor of Enspire Training LLC in a dispute with US Foods Inc. Finds US Foods has made a prima facie showing that the Allen Superior Court lacked personal jurisdiction.

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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

  • Will U.S. Supreme Court hear request to overturn landmark decision on same-sex marriage?

  • State judiciary is considering alternative exam for bar admission

  • Two attorneys suspended for failing to cooperate with state disciplinary commission

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