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False-statement conviction vacated for double jeopardy after woman falsified form to recover grandfather’s handgun

January 26, 2022 | Jordan Morey

A woman who provided false information on a document to recover a handgun she had pawned was wrongly convicted on double jeopardy grounds, according to the Court of Appeals of Indiana. However, one of the woman’s two felony convictions will not be vacated.

Ice Miller, co-defendants argue whistleblower complaint fails to show wrongdoing

January 26, 2022 | Marilyn Odendahl

Indianapolis-based law firm Ice Miller LLP and the banks listed as defendants in the whistleblower lawsuit brought by the former general counsel of the Indiana Treasurer’s Office have filed a motion asking the Marion Superior Court to dismiss the case on the grounds that the complaint does not show they knowingly and intentionally made false or fraudulent claims.

Students’ challenge to IU vaccine mandate dismissed after lone plaintiff with standing withdraws from school

January 26, 2022 | Olivia Covington

A challenge to Indiana University’s COVID-19 vaccine mandate has been dismissed as moot after the final plaintiff who was not granted a vaccine exemption from IU withdrew from the school.

GOP bill would tighten limits on Indiana mail-in voting

January 26, 2022 | Associated Press

Democrats and voting rights activists are objecting to a Republican-backed proposal that would require Indiana voters who request mail-in ballots to swear under possible penalty of perjury that they won’t be able to vote in person at any time during the 28 days before Election Day.

Family of suspect in northern Indiana school stabbing seeks home detention

January 26, 2022 | Associated Press

The family of a 15-year-old boy who allegedly stabbed a classmate in a South Bend high school’s restroom wants him placed on home detention while he awaits trial.

Biden administration officially withdraws vaccine rule

January 26, 2022 | Associated Press

The Biden administration has officially withdrawn a rule that would have required workers at big companies to get vaccinated or face regular COVID testing requirements.

Michigan settlement lets faith agencies deny LGBT adoptions

January 26, 2022 | Associated Press

Faith-based adoption agencies that contract with the state of Michigan can refuse to place children with same-sex couples under a proposed settlement filed in federal court Tuesday, months after the U.S. Supreme Court ruled for a Catholic charity in a similar case.

Defendant wins exclusion of breath-test results in traffic infraction case

January 25, 2022 | Katie Stancombe

A man who sought to suppress evidence of his alcohol concentration equivalent during prosecution for a traffic infraction has secured a reversal from the Court of Appeals of Indiana.

COA affirms expungement denial following remand from Supreme Court

January 25, 2022 | Katie Stancombe

The Court of Appeals of Indiana has affirmed the denial of a man’s expungement petition for a violent burglary he took part in two decades ago following a remand from the Indiana Supreme Court.

City threatens nuisance suit against owner of troubled Nora apartment complex

January 25, 2022 | Leslie Bonilla Muñiz, Indianapolis Business Journal

Indianapolis Mayor Joe Hogsett’s administration on Tuesday threatened suit against the ownership of a Nora-area apartment complex that’s racked up hundreds of health and building code violations.

Opinions Jan. 25, 2022

January 25, 2022

Indiana Supreme Court
The Residences at Ivy Quad Unit Owners Association, Inc. v. Ivy Quad Development, LLC, et al.
21S-PL-294
Civil plenary. Affirms and reverses in part the dismissal of a complaint for breach of the implied warranty of habitability and for negligence filed by The Residences at Ivy Quad Unit Owners Association Inc. against defendants Matthews LLC, DMTM Inc., David Matthews and Velvet Canada. Finds David Matthews and Velvet Canada are builder-vendors and therefore could be held liable for breach of the implied warranty of habitability. Also finds DMTM Inc. and Matthews LLC were not builder-vendors. Finally, finds that although the economic loss doctrine may preclude recovery on the negligence claim as the facts mature, dismissal at this stage is premature. Remands for proceedings consistent with the opinion.

Justices: South Bend condo HOA can move forward with faulty construction lawsuit

January 25, 2022 | Jordan Morey

A homeowners association made up of condominium owners in a South Bend condo complex can move forward with its claims of faulty construction work against two of the four defendants named in its original lawsuit after a reversal by the Indiana Supreme Court.

7th Circuit affirms enhanced sentencing despite SCOTUS changes to Armed Career Criminal Act

January 25, 2022 | Jordan Morey

A “violent felon” will not have his enhanced sentence vacated after the 7th Circuit Court of Appeals determined he still met the provisions of the Armed Career Criminal Act despite a 2015 Supreme Court order that found part of the statute unconstitutionally vague.

7th Circuit overturns summary judgment, gives inmate another chance to litigate grievance

January 25, 2022 | Marilyn Odendahl

An inmate who was not given the necessary paperwork to file a grievance will get to litigate his Eighth Amendment complaint in federal court after the 7th Circuit Court of Appeals issued the reminder that administrative remedies provided to prisoners must be “available in fact and not merely in form.”

Indiana lawmakers advance bill banning transgender athletes

January 25, 2022 | Associated Press

Indiana lawmakers advanced a Republican-backed bill Monday that would ban transgender women and girls from participating in school sports that match their gender identity.

DC, Indiana, other states sue Google saying it invades users’ privacy

January 25, 2022 | IL Staff and Associated Press

The District of Columbia and three states including Indiana are suing Google for allegedly deceiving consumers and invading their privacy by making it nearly impossible for them to stop their location from being tracked.

Afghan resettlement work wrapping up at Indiana Guard base

January 25, 2022 | Associated Press

Officials on Monday marked the winding down of work at the Indiana National Guard’s Camp Atterbury training base that has helped resettle about 7,200 Afghan refugees in the U.S. since September.

Justices to weigh limits on reach of Clean Water Act

January 25, 2022 | Associated Press

The Supreme Court said Monday it will consider reining in federal regulation of private property under the nation’s main anti-water pollution law, the Clean Water Act.

High court won’t hear pandemic proxy voting dispute

January 25, 2022 | Associated Press

The Supreme Court has rejected a challenge from House Republican leader Kevin McCarthy to the proxy voting system that Democrats put in place in response to the coronavirus pandemic.

Tenants go to Statehouse to share stories, advocate for fairer treatment

January 24, 2022 | Marilyn Odendahl

Several Indiana renters took turns stepping up to the microphone in the Statehouse’s north atrium and sharing their stories during the Tenants Day of Action.

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In This Issue

  • Is mid-decade redistricting legal? Indiana Democrats prepare court challenge

  • Immigrant detainees denied bond hearings under new ruling

  • Protests, speech on college campuses under federal, state scrutiny

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?

  • Mediator picked to help settle disciplinary case against AG Todd Rokita

  • JLAP executive director Harrell retires, IN Supreme Court announces new director

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