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Justices: Menards not at fault for customer’s injury caused by defective box

October 20, 2021 | Jordan Morey

A home improvement retailer wasn’t at fault when a sink fell out of a defective box and injured a customer inside one if its stores, the Indiana Supreme Court has ruled.

Gary man sues after accusing police of kneeling on him

October 20, 2021 | Associated Press

A Gary man is suing northwest Indiana police more than a year after he alleged that officers sprayed him with pepper spray and knelt on him when they encountered him near a protest over George Floyd’s death.

US high court won’t block vaccines for Maine health workers

October 20, 2021 | Associated Press

The U.S. Supreme Court declined Tuesday to block a vaccine requirement imposed on Maine health care workers, the latest defeat for opponents of vaccine mandates.

Jan. 6 panel votes to hold Steve Bannon in contempt

October 20, 2021 | Associated Press

A House committee investigating the Jan. 6 Capitol insurrection voted unanimously to hold former White House aide Steve Bannon in contempt of Congress after the longtime ally of former President Donald Trump defied a subpoena for documents and testimony.

District attorneys refuse to prosecute some GOP-led laws

October 20, 2021 | Associated Press

When Republican lawmakers in Tennessee blocked a policy to ease up on low-level marijuana cases, Nashville’s top prosecutor decided on a workaround: He just didn’t charge anyone with the crime.

Opinions Oct. 19, 2021

October 19, 2021

Indiana Court of Appeals
Richard Allen Byrd v. State of Indiana (mem. dec.)
21A-CR-637
Criminal. Affirms the Howard Circuit Court’s sentencing of Richard Allen Byrd to an aggregate of five years, with three years suspended to supervised probation, for his convictions of Level 6 felony sexual battery. Finds Byrd’s guilty plea isn’t substantially mitigating as he gained a benefit by having Level 4 felony child molesting charges exchanged for Level 6 felony battery convictions. Also finds the executed portion of his sentencing appropriate.

Hill accusers say state was their employer, possibly in conjunction with General Assembly

October 19, 2021 | Olivia Covington

Three of the four women who accused former Indiana Attorney General Curtis Hill of sexual misconduct are rejecting the argument that they were employed solely by the Indiana Legislature, arguing instead that the state was their employer, possibly in conjunction with the two legislative bodies.

Colts coach’s wife to testify about human trafficking at Statehouse

October 19, 2021 | IL Staff

Human trafficking is on the agenda for the final meeting of the Interim Study Committee on Corrections and Criminal Code with Linda Reich, wife of Indianapolis Colts head coach Frank Reich, scheduled to testify.

Wrongful death lawsuit filed against Jackson County Jail

October 19, 2021 | Jordan Morey

The family of a Louisville woman who died this past summer at a Seymour hospital after she was allegedly denied treatment at the Jackson County Jail for severe illness has filed a lawsuit against agency members in federal court.

3rd man sentenced for deadly North Vernon gun shop robbery

October 19, 2021 | Associated Press

A third man has been sentenced to prison for the robbery and fatal shooting of a southern Indiana gun shop owner slain more than seven years ago.

South Carolina lawyer Murdaugh denied bond on $3M theft charges

October 19, 2021 | Associated Press

A judge denied bond Tuesday for South Carolina lawyer Alex Murdaugh, saying the attorney’s considerable financial resources and mental instability appear for now to make it too risky to allow him to await trial outside of jail on charges he stole $3.4 million in insurance money meant for the sons of his housekeeper.

Nonlawyer assistant’s failure to properly notarize is attorney’s responsibility, disciplinary commission advises

October 19, 2021 | IL Staff

Attorneys are responsible for ensuring that their nonlawyer assistants properly notarize documents, a new advisory opinion from the Indiana Supreme Court Disciplinary Commission says. If not, supervising attorneys can face discipline.

Jan. 6 panel plans contempt vote as Trump sues over probe

October 19, 2021 | Associated Press

A House committee tasked with investigating the Jan. 6 Capitol insurrection is moving swiftly Tuesday to hold at least one of Donald Trump’s allies in contempt as the former president is pushing back on the probe in a new lawsuit.

Colin Powell: A trailblazing legacy, blotted by Iraq war

October 19, 2021 | Associated Press

A child of working-class Jamaican immigrants in the Bronx, Colin Powell rose from neighborhood store clerk to warehouse floor-mopper to the highest echelons of the U.S. government.

US says Guantanamo detainee can pen letter about torture

October 19, 2021 | Associated Press

The Biden administration says it will allow a Guantanamo Bay detainee to provide information to Polish officials about his torture in CIA custody following the 9/11 attacks.

Lawyers say continual education, understanding key to addressing vaccine mandate conversations

October 18, 2021 | Katie Stancombe

Weighing the many factors of how law firms can approach COVID-19 vaccine mandates was the topic of discussion at a Friday panel during the Indianapolis Bar Association’s first Tech Show event. 

COA finds charging information had ‘sufficient particularity’ in child molesting case

October 18, 2021 | Marilyn Odendahl

An Indianapolis man who did not challenge the sufficiency of the charging information at his trial and then argued to the Indiana Court of Appeals that the lower court committed a fundamental error by holding a trial was told in a six-page opinion that his argument was unavailing.

ISBA hosts ‘streamlined’ summit in Indy

October 18, 2021 | Jordan Morey

The theme of the 2021 Indiana State Bar Association’s House of Delegates Meeting, and the bar’s annual summit as a whole, could be summed up with one word: streamlined.

Opinions Oct. 18, 2021

October 18, 2021

Indiana Court of Appeals
Gabriel Cabrera v. State of Indiana
21A-CR-446
Criminal. Affirms Gabriel Cabrera’s convictions of child molestation and sexual misconduct with a minor after a bench trial. Finds Cabrera has failed to demonstrate that the Marion Superior Court committed fundamental error.

Personal injury lawyer suing Indy firm for allegedly withholding compensation

October 18, 2021 | Olivia Covington

An Indianapolis personal injury lawyer is suing her former firm, alleging she is owed money under a fee-sharing contract that is being withheld.

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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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