Orbison recertified as senior judge
| IL Staff
Marion Superior Senior Judge Carol Orbison has been recertified as a senior judge, according to a recertification notification from the Indiana Supreme Court
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Judge finds Donald Trump in contempt in New York legal fight
A New York judge found former President Donald Trump in contempt of court and set in motion $10,000 daily fines Monday for failing to adequately respond to a subpoena issued by the state’s attorney general as part of a civil investigation into his business dealings.
Property sales not permitted in divorce actions under provisional-order statute, COA rules
Provisional orders governing the affairs of parties in a pending divorce action do not permit trial courts to order the sale of property, the Court of Appeals of Indiana has ruled.
Indiana Lawyer wins 8 awards in annual Best of Indiana Journalism contest; 22 awards for all IBJ Media
| IL Staff
Indiana Lawyer reporters and designers took home eight awards Friday at the Indiana Professional Chapter of the Society of Professional Journalists’ 2021 Best of Indiana Journalism Awards. IL senior reporter Marilyn Odendahl led Indiana Lawyer with six awards.
Man convicted of neglect in South Bend boy’s shooting death
A South Bend man has been convicted of child neglect charges stemming from the shooting death of his 1-year-old son by a 4-year-old sibling.
U.S. Supreme Court weighs policy for migrants to wait in Mexico
President Joe Biden halted the “Remain in Mexico” policy his first day in office. That policy will be argued Tuesday before the U.S. Supreme Court.
Supreme Court tackling case about praying football coach
The U.S. Supreme Court on Monday will tackle a dispute between public school officials and a former high school football coach who wanted to kneel and pray on the field after games.
AP-NORC poll: Many support Jackson court confirmation
More Americans approve than disapprove of Ketanji Brown Jackson’s confirmation to the U.S. Supreme Court as its first Black female justice, a new poll finds, but that support is politically lopsided. And a majority of Black Americans — but fewer white and Hispanic Americans — approve of her confirmation.
Suspended Evansville lawyer disbarred for trust mismanagement, forgery, falsifying doc
| IL Staff
Evansville attorney Jared M. Thomas has been disbarred by the Indiana Supreme Court for criminally mismanaging his trust account, forging a judge’s signature and falsifying at least one document.
COA agrees father was underemployed but remands child support order
A father who was found to be voluntarily underemployed after his wife filed for divorce received a partial reversal Friday when the Court of Appeals of Indiana noted questions remained about his job opportunities and earnings level.
Default judgment against CBD company affirmed
An Indiana CBD company that refused to pay for a shipment of more than $200,000 of hemp could not convince an Indiana appellate court that it had excusable neglect for failing to respond to both a lawsuit filed against it as well as related court orders.
Opinions April 22, 2022
Court of Appeals of Indiana
Biodynamic Extraction, LLC d/b/a Biodynamics Extract, LLC v. Kickapoo Creek Botanicals, LLC
21A-CT-2446
Civil tort. Affirms the denial of Biodynamic Extraction LLC d/b/a Biodynamic Extract LLC’s motion to set aside judgment pursuant to Indiana Trial Rule 60(B)(1), which affirmed summary judgment in favor of Kickapoo Creek Botanicals. Finds the Marion Superior Court did not abuse its discretion by denying BDX’s motion to set aside the default judgment entered against it.
Fort Wayne attorney suspended for 2019 arrest
| IL Staff
Coming to an agreement with the Indiana Supreme Court Disciplinary Commission, a northern Indiana attorney with a lengthy disciplinary history has been suspended for at least one year from the practice of law for his 2019 arrest for possession of a legend drug.
Judge rejects sex abuse plea deal for suspended Indy priest
A judge rejected a proposed plea agreement for a suspended Catholic priest accused of sexually abusing a teenage boy in 2016 and instead set a trial date for the cleric Thursday.
17-year-old Hammond student raped classmate during shooter drill: Charges
A northwestern Indiana youth is facing rape charges for allegedly assaulting a classmate during a school active shooter drill.
High court rules for state in case of man shackled at trial
The Supreme Court said Thursday that a federal appeals court was wrong when it ordered Michigan to retry or release a convicted murderer because his rights were violated when he was shackled at trial.
Court upholds Puerto Ricans’ exclusion from benefits program
The Supreme Court has upheld the differential treatment of residents of Puerto Rico, ruling that Congress was within its power to exclude them from a benefits program that’s available in all 50 states and the District of Columbia.
Supreme Court revives fight over painting stolen by Nazis
The Supreme Court on Thursday kept alive a California man’s hope of reclaiming a valuable impressionist masterpiece taken from his family by the Nazis and now on display in a Spanish museum.
Justice Dept. to appeal order voiding travel mask mandate
The Justice Department is filing an appeal seeking to overturn a judge’s order that voided the federal mask mandate on planes and trains and in travel hubs, officials said.
Opinions April 21, 2022
Court of Appeals of Indiana
Jesse L. Mathews v. State of Indiana
20A-CR-2229
Criminal. Affirms the Clay Circuit Court’s decision to use the state’s jury instruction on the issue of motive in a partial decapitation case in which Jesse Mathews was convicted of felony murder and Level 6 felony abuse of a corpse. Finds that either the trial court or the state’s instruction would have produced the same verdict. Also finds the trial court did not abuse its discretion is excluding evidence of a witness’s purported call to a police officer. Finally, finds a mistrial was not warranted in response to an individuals’ spontaneous testimony regarding a possible polygraph test, and the cumulative effect of the trial court’s decisions does not require reversal of Mathews’ conviction.