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Opinions Oct. 12, 2021

October 12, 2021

Indiana Court of Appeals
John Patrick Michaels v. Huntington County, IN Advisory Board of Zoning Appeals (mem. dec.)
21A-PL-00565
Civil plenary. Affirms the denial of John Michaels’ petition to the Huntington County Advisory Board of Zoning Appeals for a special exception that he be permitted to establish and operate an outdoor shooting range on property not zoned for that use. Finds Michaels failed to properly preserve any Second Amendment argument for review and failed to establish an abuse of discretion.

ABA issues guidance to lawyers regarding clients with language differences

October 12, 2021 | IL Staff

The American Bar Association has released a set of guidelines attorneys can follow when they don’t speak the same language as their clients.

Justices set to hear arguments in Medicaid reimbursement, child victim testimony cases

October 12, 2021 | IL Staff

The Indiana Supreme Court has set schedules to hear several oral arguments next week.

OWI charges filed against Muncie police officer

October 12, 2021 | Jordan Morey

A Muncie police officer who allegedly drove with a blood alcohol content of more than twice the legal limit while on the job is now facing misdemeanor drunken driving charges.

Next on FDA’s agenda: Booster shots of Moderna, J&J vaccines

October 12, 2021 | Associated Press

With many Americans who got Pfizer vaccinations already rolling up their sleeves for a booster shot, millions of others who received the Moderna or Johnson & Johnson vaccine wait anxiously to learn when it’s their turn.

Biden undercuts WH executive privilege shield

October 12, 2021 | Associated Press

President Joe Biden has agreed to a request from Congress seeking sensitive information on the actions of his predecessor Donald Trump and his aides during the Jan. 6 insurrection, though the former president claims the information is guarded by executive privilege.

Class certification denied to drivers in toll bridges lawsuit

October 11, 2021 | Marilyn Odendahl

Finding the group to be too inclusive, a federal judge has denied a motion for class certification filed by drivers who claim they were wrongly charged late fees and fines when they crossed the Ohio River toll bridges.

GOP senator backs Ex-Sen. Donnelly’s pick for Vatican post

October 11, 2021 | Associated Press

One of Indiana’s Republican U.S. senators has endorsed the nomination of Democratic former Sen. Joe Donnelly as the country’s ambassador to the Vatican.

Officers fatally shoot man outside rural Indiana home

October 11, 2021 | Associated Press

Police officers fatally shot a man outside a rural southeastern Indiana home after officials said he pointed a gun at them.

Justices reverse, rule for sister in siblings’ ‘restraint on marriage’ trust dispute

October 11, 2021 | Katie Stancombe

Indiana Supreme Court justices reversed Friday in a dispute between two siblings over a provision in their late mother’s trust regarding her son, holding the provision was not an unlawful restraint on marriage.

Opinions Oct. 11, 2021

October 11, 2021

The following Indiana Supreme Court opinion was posted after IL deadline on Friday:
Roger D. Rotert v. Connie S. Stiles
21S-TR-00452
Trust. Affirms the Jackson Circuit Court’s entry of summary judgment for Connie Stiles and against her brother, Robert Rotert. Finds that because Rotert’s due-process claim fails on the record, he is not entitled to relief. Also finds that because the probate code’s bar against restraints on marriage does not apply to trusts or gifts to children, Marcille Borcherding’s disposition by a revocable trust to her son is valid. Justice Christopher Goff concurs in result with separate opinion.

DCS wins judgment following allegations of caseworker taking unpermitted photos

October 11, 2021 | Katie Stancombe

The Indiana Department of Child Services won a judgment from the U.S. District Court of the Northern District of Indiana on Friday following allegations from a man who claimed a caseworker entered his home to take photos without permission, resulting in the removal of his children.

Guilty plea in fatal shooting outside Indiana high school

October 11, 2021 | Associated Press

A 20-year-old man has pleaded guilty to charges in a shooting that happened in a northwestern Indiana high school’s parking lot that killed one teenager and injured another.

Conservative lawmaker says leaders drew maps to oust him

October 11, 2021 | Emily Ketterer

Freshman Rep. John Jacob spent his first year in the Indiana House of Representatives pushing what he calls “ultra conservative” issues.

Northwest Indiana towns pass policies aimed at puppy mills

October 11, 2021 | Associated Press

Communities across Northwest Indiana are considering humane pet store policies that ban the sale of pets raised at puppy and kitten mills.

SUPREME COURT NOTEBOOK: Don’t stand so close to us

October 8, 2021 | Associated Press

Get tested. Wear a mask. Don’t get too close. Not your typical court orders, but that was the word from the Supreme Court to lawyers and reporters who returned to the high court this week for the first in-person arguments in more than a year and a half.

Bannon won’t comply with subpoena from House Jan. 6 panel

October 8, 2021 | Associated Press

A lawyer for Steve Bannon says the former White House aide won’t comply with a House committee’s investigation into the Jan. 6 insurrection at the Capitol because former President Donald Trump is asserting executive privilege to block demands for testimony and documents.

Opinions Oct. 8, 2021

October 8, 2021

Indiana Court of Appeals
Lamar Bush v. State of Indiana (mem. dec.)
21A-CR-00842
Criminal. Affirms Lamar Bush’s convictions for Level 2 felony dealing in a narcotic substance and Level 2 felony dealing in methamphetamine. Finds sufficient evidence to support the dealing convictions.

12/9 – The Life and Times of 19th Century Federal Judges Jesse Lynch Holman & David McDonald (webinar)

Explore the life and times of the Hon. Jesse Lynch Holman (1835-1842) and the Hon. David McDonald (1864-1869) through excerpts of their own letters and diaries illuminating their fascinating judicial careers. Southern District of Indiana Court Historian Doria Lynch and Public Outreach Coordinator Mary Giorgio will provide historical context and discuss parallels and contrasts to […]

11/19 – Annual Roundtable: Federal Criminal Prosecutions & the Role of the U.S. Attorney (webinar)

Former U.S. Attorneys for the Southern District of Indiana will gather to converse about the roles they played in the criminal justice system during their time in office. The Hon. Sarah Evans Barker, herself a former U.S. Attorney, will serve as moderator. Click here for program details. Date: Friday, November 19, 2021 Time (Eastern): 2:00 […]

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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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