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7th Circuit: Southern District must recalculate restitution in fake credit card case

December 27, 2021 | Jordan Morey

The U.S. District Court for the Southern District of Indiana will need to recalculate the restitution owed by an Indiana woman who was convicted of stealing thousands of dollars by creating fake credit cards after the 7th Circuit Court of Appeals vacated its remanded order for a second time.

COA: Moving company failed to exercise ordinary care to evictee for stolen items

December 27, 2021 | Katie Stancombe

A moving company failed to exercise a duty of ordinary care to a woman whose belongings were stolen after she was evicted from her home, the Court of Appeals of Indiana has ruled.

COA: Bedford couple attempted to defraud ex-husband

December 27, 2021 | Katie Stancombe

A man who accused his ex-wife of purchasing a home to defraud him of money she owed him as a result of their dissolution decree has secured a reversal from the Court of Appeals of Indiana.

Marion County judicial interviews scheduled for Jan. 18

December 27, 2021 | IL Staff

The Marion County Judicial Selection Committee will be interviewing 13 individuals, including six magistrates, two deputy prosecutors and a public defender, for the vacancy created by the impending resignation of Marion Superior Judge Mark Jones.

Indiana secretary of state leaves Republican Party position

December 27, 2021 | Associated Press

Indiana’s top state elections official has stepped down from her position as the second-ranking officer in the state Republican Party.

Indiana House Republican to file sweeping marijuana legalization bill

December 27, 2021 | Emily Ketterer and Indianapolis Business Journal Staff

A Republican lawmaker outside of the usual champions for cannabis legislation in the Indiana General Assembly will carry a sweeping bill to make recreational and medical marijuana legal in Indiana.

Ex-Indiana mayor stays free for appeal of bribery conviction

December 27, 2021 | Associated Press

A former northwestern Indiana mayor is being allowed to stay out of prison while he appeals his conviction on bribery and tax evasion charges.

Student sues Noblesville High School, claiming school prohibited pro-life club

December 23, 2021 | Marilyn Odendahl

Alleging Noblesville High School prevented a freshman from organizing a pro-life club because the group’s “political agenda is not aligned with the administration’s agenda,” the student, her parents and her club, Noblesville Students for Life, have filed a lawsuit against the school and several faculty members for violating the rights of free speech and association.

Split justices eliminate proximity rule for emotional distress claims

December 23, 2021 | Olivia Covington

A mother who brought claims for emotional distress after learning that her disabled daughter had been sexually abused can once again proceed with her case after a majority of the Indiana Supreme Court created a new rule eliminating the proximity requirement for emotional distress recovery. A dissenting justice, however, warned that the “watershed” ruling could have a wider-ranging impact than anticipated.

Opinions Dec. 23, 2021

December 23, 2021

The following opinions were posted after IL deadline on Wednesday:

7th Circuit Court of Appeals
Brooke Persinger v. Southwest Credit Systems, L.P.
21-1037
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Richard L. Young.
Civil. Affirms the district court’s grant of summary judgment to Southwest Credit Systems L.P. in a dispute with Brooke Persinger. Finds Southwest’s compliance procedures were reasonable and thus met the Fair Credit Reporting Act requirements. Also finds the evidence shows that Southwest had a reasonable basis for relying on its procedures and that summary judgment for Southwest was appropriate because no reasonable juror could conclude that the inquiry into Persinger’s propensity‐to‐pay score resulted in actual damages.

7th Circuit affirms for ruling collections company in credit information dispute

December 23, 2021 | Katie Stancombe

A collections company’s compliance procedures were reasonable and met the requirements of the Fair Credit Reporting Act in its pursuit of collecting from an Indiana woman, the 7th Circuit Court of Appeals has ruled.

Pendleton Heights Gay-Straight Alliance wins injunction for access to school resources

December 23, 2021 | Olivia Covington

A central Indiana school district must give the local high school’s gay-straight alliance access to the same advertising and fundraising resources as other noncurricular organizations, a federal judge has ruled, issuing an injunction after finding a violation of the Equal Access Act.

Buckingham named IPAC president, others honored at winter conference

December 23, 2021 | IL Staff

The Indiana Prosecuting Attorneys Council honored numerous individuals at its annual winter conference this month and named Hamilton County Prosecutor Lee Buckingham as president of the Association of Indiana Prosecuting Attorneys for 2022.

Applications now open for 2022 ICLEO Summer Institute

December 23, 2021 | IL Staff

Applications are now being accepted for the 2022 Indiana Conference for Legal Education Opportunity program.

Supreme Court grants 3 transfer petitions, denies 11

December 23, 2021 | IL Staff

A petition to transfer in a dispute over the removal of highway billboards split the Indiana Supreme Court but did not gain enough votes to be heard by the justices.

Report: 11 executions in 2021 mark three-decade low

December 23, 2021 | Associated Press

States and the federal government carried out 11 executions this year, the fewest since 1988, as support for the death penalty has continued to decline.

DOJ says inmates on home confinement can stay out of prison

December 23, 2021 | Associated Press

The Justice Department on Tuesday reversed its own legal opinion and said it would allow federal inmates released on home confinement because of the coronavirus pandemic to stay out of prison.

Fort Wayne woman charged in death of 9-year-old stepson

December 23, 2021 | Associated Press

A Fort Wayne woman has been charged in the death of her 9-year-old stepson, who died last weekend at a hospital after suffering blunt force injuries.

High court to hold special session on vaccine requirements

December 23, 2021 | Associated Press

The Supreme Court says it will hold a special session in just over two weeks to weigh challenges to two Biden administration policies covering vaccine requirements for millions of workers, policies that affect large employers and health care workers.

Opinions Dec. 22, 2021

December 22, 2021

Court of Appeals of Indiana
Albert Guthery v. State of Indiana
21A-CR-711
Criminal. Affirms Albert Guthery’s convictions for dealing in cocaine as a Level 2 felony and dealing in methamphetamine as a Level 2 felony, and his sentence to an aggregate of 25 years, with 10 years executed in the Department of Correction, 10 years executed in community corrections and five years suspended, including three years of probation, enhanced by six years for being a habitual offender. Finds the Marion Superior Court did not abuse its discretion when it admitted evidence garnered from a traffic stop. Also finds Guthery’s sentences for dealing in meth and being a habitual offender did not constitute an impermissible double enhancement, nor is his sentence inappropriate in light of his offenses and his character.

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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

  • Will Trump’s interest in reclassifying marijuana push Indiana toward legalization?

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