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COA affirms guardianship of teen to grandparents

February 11, 2022 | Katie Stancombe

A couple has secured guardianship over their teenage granddaughter after the Court of Appeals of Indiana expressed concern about whether the child would be safe in her mother’s care.

No constitutional violation when defendant ordered to smile for jury, COA rules

February 11, 2022 | Jordan Morey

The Wells Circuit Court didn’t violate a methamphetamine dealer’s Fifth Amendment rights when it ordered him to show his teeth to a jury to demonstrate he was the same person that was in an incriminating video, according to the Court of Appeals of Indiana.

Governor taking applications for Johnson County judicial vacancy

February 11, 2022 | IL Staff

Applications are now being accepted to fill the vacancy on the Johnson County Superior Court 3 bench that was created when Judge Lance Hamner recently resigned to run for prosecutor.

Delta asks DOJ to put unruly passengers on no-fly list

February 11, 2022 | Associated Press

Any person convicted of a disruption on board a flight should be added to the national “no fly” list, Delta Air Lines told the U.S. Department of Justice.

Biden doing ‘deep dive’ on ‘about 4’ high court candidates

February 11, 2022 | Associated Press

President Joe Biden appears to be narrowing his list of candidates for the Supreme Court, saying he’s looking at “about four people” as Democrats who met with him Thursday say he wants a “persuasive” nominee in the mold of retiring Justice Stephen Breyer.

U.S. inflation jumped 7.5% over past year, a 40-year high

February 11, 2022 | Associated Press

Inflation soared over the past year at its highest rate in four decades, hammering America’s consumers, wiping out pay raises and reinforcing the Federal Reserve’s decision to begin raising borrowing rates across the economy.

Purdue police review white officer’s arrest of Black student

February 11, 2022 | Associated Press

A Black Purdue University student said Thursday that an argument with his girlfriend led to a white campus police officer punching him and using his elbow to pin him down by the neck on the snowy ground.

Opinions Feb. 10, 2022

February 10, 2022

Court of Appeals of Indiana
Jeffery L. Weaver, Jr. v. State of Indiana (mem. dec.)
21A-CR-911
Criminal. Affirms Jeffery L. Weaver Jr.’s convictions of dealing in methamphetamine and possession of a narcotic drug. Finds the pat down and detention of Weaver did not violate the Fourth Amendment or Article 1, Section 11 of the Indiana Constitution, so the Jay Circuit Court did not err in admitting the challenged evidence.

Free legal answers website hits record number of questions

February 10, 2022 | IL Staff

In another sign of the overwhelming impact of the pandemic, data released from the American Bar Association shows the number of questions submitted by low-income individuals and families seeking help through the online program ABA Free Legal Answers has doubled since the outbreak of COVID-19.

Supreme Court to hear arguments in duty to defend, armed burglary cases

February 10, 2022 | IL Staff

Indiana Supreme Court justices will hear two additional oral arguments this month, including cases regarding insurance coverage for a pair of Kokomo bars and the reversal of an armed burglary conviction.

IN Northern District courtroom to be named in Miller Jr.’s honor

February 10, 2022 | IL Staff

In recognition of Judge Robert Lowell Miller Jr.’s more than 46 years of judicial service, the U.S. District Court for the Northern District of Indiana is naming the courtroom where he presides in his honor.

Governor grants clemency to 3 incarcerated Hoosiers

February 10, 2022 | IL Staff

Indiana Gov. Eric Holcomb has granted clemency to three Indiana prisoners who have terminal health conditions.

Congress approves sex harassment bill in #MeToo milestone

February 10, 2022 | Associated Press

Congress on Thursday gave final approval to legislation guaranteeing that people who experience sexual harassment at work can seek recourse in the courts, a milestone for the #MeToo movement that prompted a national reckoning on the way sexual misconduct claims are handled.

Indianapolis delays suit against apartment owner, citing interested buyer

February 10, 2022 | Leslie Bonilla Muñiz, Indianapolis Business Journal

Indianapolis Mayor Joe Hogsett’s administration, which in January threatened a lawsuit against the owner of a troubled Nora-area apartment complex, has delayed filing suit, citing interest from a possible buyer.

Charges filed against man accused of shooting Gary officer

February 10, 2022 | Associated Press

Prosecutors have charged a man accused of shooting a Gary police detective with felony attempted murder and other counts.

Biden quest for judicial diversity goes beyond race, gender

February 10, 2022 | Associated Press

President Joe Biden spent a recent flight aboard Air Force One reminiscing with lawmakers and aides about his start as a young lawyer in Delaware working as a public defender in the late 1960s. As Biden considers his first Supreme Court nominee, this lesser-known period in his biography could offer insight into the personal experience he brings to the decision.

Opinions Feb. 9, 2022

February 9, 2022

Court of Appeals of Indiana
Monica C. Brown v. Review Board of the Indiana Department of Workforce Development
21A-EX-1474
Agency action. Affirms the Review Board of the Indiana Department of Workforce Development’s affirmation of an administrative law judge’s determination that Monica C. Brown was not eligible to receive pandemic unemployment assistance benefits under the CARES Act from the state of Indiana. Finds the ALJ judge erred in determining Brown wasn’t eligible in Indiana based on Section 2102(d)(1)(A)(i) of the CARES Act. Also finds Brown wasn’t eligible because she didn’t meet one of the 11 criteria listed in subsections (aa) through (kk) of Section 2102(a)(3)(A)(ii)(I) of the CARES Act.

House committee considers obstruction of justice bill

February 9, 2022 | Katie Stancombe

A bill updating Indiana’s obstruction of justice statute was heard in an Indiana House committee on Wednesday, with similar questions and concerns carrying over from the Senate.

COA: Family can keep title by adverse possession of lakefront walkway

February 9, 2022 | Katie Stancombe

A family that has used and maintained a walkway to access a lake near their home for more than 60 years may keep a newly awarded fee simple title by adverse possession, the Court of Appeals of Indiana has affirmed.

7th Circuit rules ALJ failed to consider extent of disability caused by rape

February 9, 2022 | Marilyn Odendahl

The 7th Circuit Court of Appeals has overturned the denial of Social Security disability benefits for an honorably discharged female member of the U.S. Coast Guard who was raped by a fellow service member, finding the administrative law judge’s determination was not supported by the substantial evidence.

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In This Issue

  • New bail legislation aims to weigh due process and public safety

  • Efforts to boost judicial safety gain steam after shooting

  • Appeals court to hear arguments over accidental release of depositional evidence to jury

Most Read
  • Firing squad, gas execution methods move out of Indiana House committee

  • Kokomo couple get a combined 50 years in prison for dealing deadly drugs

  • Tippecanoe County judge, wife in stable condition after being shot at their home

  • Nominations being accepted for the 2024 Henry Hurst Judicial Assistance Award

  • Shooting of Tippecanoe County judge was gang-related hit, authorities say

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