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Opinions Oct. 29, 2021

October 29, 2021

Indiana Court of Appeals
Broadway Logistics Complex, LLC, and Thomas Wisniewski v. Peggy Holinga Katona, as Lake County Treasurer, and John Petalas, as Lake County Auditor
21A-PL-738
Civil plenary. Affirms the denial of Broadway Logistics Complex LLC and Thomas Wisniewski’s request for injunctive relief and the declaration that tax sale certificates they acquired were forfeitable by the Lake County treasurer. Finds the Lake Circuit Court did not err.

Justices reprimand Plainfield lawyer, former bar foundation leader for ‘materially limited’ representation

October 29, 2021 | IL Staff

The Indiana Supreme Court has publicly reprimanded a former Indianapolis Bar Foundation president for his role in providing legal advice to a former client despite being “materially limited” by his own personal interest in the matter.

Appointments made to State Board of Law Examiners

October 29, 2021 | IL Staff

The Indiana Supreme Court has appointed a new member to the State Board of Law Examiners and reappointed two others.

Volunteer judges sought for IUPUI mock trial competition

October 29, 2021 | IL Staff

Members of the Indiana legal community are encouraged to serve as judges for the Indiana University–Purdue University Indianapolis Mock Trial Team invitational next month.

Holcomb names 2 attorneys, 1 nonattorney to Lake Co. JNC following legislative ‘reset’

October 29, 2021 | Olivia Covington

Indiana Gov. Eric Holcomb has appointed two lawyers and one nonlawyer to the Lake County Judicial Nominating Commission, completing the selection of the JNC under controversial legislation enacted this year that changed the makeup of two judicial nominating groups.

Oklahoma executes inmate who dies vomiting and convulsing

October 29, 2021 | Associated Press

Oklahoma administered the death penalty Thursday on a man who convulsed and vomited as he was executed for the 1998 slaying of a prison cafeteria worker, ending a six-year execution moratorium brought on by concerns over its execution methods.

11/4 – Creative Planning with Cryptocurrency and Non-cash Assets (webinar)

Bryan Clontz of Charitable Solutions, LLC will cover how to maximize your clients’ deductions through untapped assets such as real estate, privately held C corporations, S corporations, LLCs, limited partnerships and other unique assets. This highly interactive session will employ case studies to illuminate key points. Plus, Bryan will cover the basics and beyond of […]

12/2 – Personal Injury for Paralegals (hybrid-Indianapolis)

Click here for program details. Date: Thursday, December 2, 2021 Time (local time): 8:30 am – 1:00 pm Credit hours:  Cost: $150 Paralegal $125 ITLA member $200 non-ITLA member Click here to register. Location: In-Person: ISTA Conference Center, 150 W. Market Street, 2nd Floor, Indianapolis, 46204 Virtual: via Zoom ​Provider: Indiana Trial Lawyers Association Contact […]

Opinions Oct. 28, 2021

October 28, 2021

Indiana Court of Appeals
Zolo A. Azania v. Kenneth R. Edwards, Tracy Edwards, and Krete Properties, LLC (mem. dec.)
20A-PL-2142
Civil plenary. Affirms the order of eviction and immediate possession in favor of Kenneth R. Edwards, Tracy Edwards and Krete Properties LLC, landlords to Zolo A. Azania, for nonpayment of rent. Finds the landlords’ equitable action for eviction and immediate possession was properly triable by the Lake Superior Court. Also finds Azania waived his review of his claim that his eviction was not permitted due to the COVID-19 eviction moratorium. Finally, finds Azania was subject to eviction for nonpayment of rent in violation of his lease.

Sen. Grooms, advocate for legal aid, leaving Statehouse early

October 28, 2021 | Marilyn Odendahl

Indiana Sen. Ron Grooms, R-Jeffersonville, a retired pharmacist who championed legal aid, announced Thursday he will be stepping down from public office Nov. 2.

Legislature given deadline to respond to governor’s motion for Supreme Court review of ‘special session’ law

October 28, 2021 | Marilyn Odendahl

The Indiana Supreme Court has given the Legislature until Nov. 1 to rebut Gov. Eric Holcomb’s request that the justices decide whether the state’s constitution allows the General Assembly to call itself into a special session.

ACLU sues Starke Co. deputy for alleged 4th Amendment violations during Pokemon festival

October 28, 2021 | IL Staff

The ACLU of Indiana has filed a complaint on behalf of three men against a Starke County Sheriff’s Department deputy for allegedly searching a vehicle without cause during a recent Pokemon festival.

Albion lawyer appointed to Noble Superior Court

October 28, 2021 | IL Staff

A northeastern Indiana lawyer has been named the newest Noble County Superior Court judge. Steven T. Clouse will fill a vacancy left by retiring Judge Robert Kirsch.

New timeline set to fill upcoming JNC/JQC vacancy

October 28, 2021 | IL Staff

A new timeline has been set for the nomination and election of a new District One representative on the Indiana Supreme Court’s Judicial Nominating/Qualifications Commission.

Gary officer indicted for deprivation of civil rights against arrestee

October 28, 2021 | IL Staff

A former Gary police officer is facing a federal criminal charge for allegedly slamming a citizen’s head against a vehicle during an arrest.

Federal grand jury indicts 16 for Gary motorcycle club crimes

October 28, 2021 | Associated Press

A federal grand jury has indicted 16 men mostly from northwest Indiana on charges they committed murder, robbery and drug dealing for Gary’s Sin City Deciples motorcycle club.

New Albany man asks court to review sentence in wife’s slaying

October 28, 2021 | Associated Press

A southern Indiana man who was sentenced to 65 years in prison last year for killing his wife and dismembering and hiding her body has asked the Indiana Supreme Court to review his sentence.

EXPLAINER: Why Congress is looking closely at Jan. 6 rally

October 28, 2021 | Associated Press

The House panel investigating the Jan. 6 Capitol insurrection has focused some of its early work on the planning of the rally at which President Donald Trump told his supporters to “fight like hell.”

Opinions Oct. 27, 2021

October 27, 2021

Indiana Court of Appeals
Benjamin Bertucci, Individually and Next Best Friend of Ayana Bertucci, a Minor v. Donald Bertucci and Anita Remijas
21A-CT-360
Civil tort. Affirms partial summary judgement and a cross-motion for attorney fees and costs to Donald Bertucci. Finds Bertucci wasn’t at fault for his granddaughter being bitten by a dog on his jointly owned home in Long Beach. Also finds the LaPorte Superior Court didn’t abuse its discretion. Judge L. Mark Bailey concurs in part and dissents in part with separate opinion.

Study committee hears testimony on ‘heavy burden’ of juvenile costs, fees

October 27, 2021 | Katie Stancombe

The Indiana Interim Study Committee on Corrections and Criminal Code heard hours of testimony Tuesday from individuals with personal experience as to the effects of costs and fees related to juvenile prosecution.

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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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