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12/8 – Eliminating “He Said, She Said”: Improving Communication in Moderate and High Conflict Cases (webinar)

Speaker: • Nathan Bailey, OurFamilyWizard Date: Wednesday, December 8, 2021 Time (local time): 4:00 – 5:00 pm Credit hours: 1.0 General CLE Cost: Click here or visit www.indybar.org for program costs Location: Zoom Webinar A link to access the program the day of the webinar will be included in your registration confirmation email. Contact [email protected] […]

12/8 – IndyBar & ISBA Environmental Law Sections Joint CLE & Holiday Party (Indianapolis)

Click here for speakers and agenda. Date: Wednesday, December 8, 2021 Time (local time): CLE 3:00 – 4:30 pm Reception follows until 6:00 pm Credit hours: 1.5 General CLE Cost: Free Government Employees & Law Students $30 Environmental Law Section Members and IndyBar Members $50 Other ISBA Members $100 Non-ISBA Members Click here to register. […]

12/6 – Repair and Rebuild: Resiliency in This Time (Indianapolis)

Speakers: Diane Black and Ruth Johnson, both with Indiana Public Defender Council Date: Monday, December 6, 2021 Time (local time): noon – 1:00 pm Credit hours: 1.0 General CLE Cost: Click here or visit www.indybar.org for program costs To register, email your full name and bar number to Ranissa Dycus at [email protected] Location: 151 N. Delaware, […]

Opinions Nov. 29, 2021

November 29, 2021

Indiana Court of Appeals
Cole G. Strack v. State of Indiana
21A-CR-922
Criminal. Affirms Cole Strack’s six-year sentence, with two years suspended, for convictions of operating a vehicle while intoxicated and possession of marijuana. Finds the Wells Superior Court did not violate Strack’s right to allocution. Also finds the trial court’s error in precluding evidence pertaining to parenting issues with his child’s mother was harmless. Finally, finds that while the trial court’s failure to afford mitigating weight to Strack’s entry of a guilty plea was an abuse of discretion, declines to remand for resentencing due to the abuse of discretion and alleged cumulative effect of the trial court’s errors.

Citing confusion in circuit courts, Health and Hospital Corp. urges SCOTUS to take appeal over nursing home resident rights of action

November 29, 2021 | Marilyn Odendahl

The Health and Hospital Corp. of Marion County is asking the U.S. Supreme Court to stop a lawsuit brought on behalf of an Indiana nursing home resident that raises the question of whether the Federal Nursing Home Reform Act allows residents to bring claims regarding their care and treatment.

Indianapolis man sentenced to 40 years in federal prison for child sex abuse

November 29, 2021 | IL Staff

A thrice-convicted Indiana sex offender has been sentenced to four decades in federal prison for child sexual exploitation and creating and trafficking videos of child sexual abuse, the U.S. Department of Justice has announced.

Father convicted of OWI with child in car loses appeal of 6-year sentence

November 29, 2021 | Katie Stancombe

A man convicted of operating a vehicle while intoxicated with his toddler in the car could not convince the Court of Appeals of Indiana that he was denied his right to allocution or that his sentence should be reconsidered.

Judge: Former school administrator not discriminated against when reassigned to teaching position

November 29, 2021 | Jordan Morey

A central Indiana school corporation has won summary judgment against a former administrator who claimed she was discriminated against when she was reassigned to a teaching position.

Legal fight poised over St. Joseph Co. redistricting

November 29, 2021 | Associated Press

A legal fight is emerging over the redrawing of local election districts in northern Indiana’s St. Joseph County.

Authorities: West Lafayette man charged after 30-mile police chase

November 29, 2021 | Associated Press

An Indiana man has been hit with several charges after allegedly leading police on a nearly 30-mile chase in a stolen semi-truck, according to authorities.

Indianapolis man charged in 2020 slaying of girlfriend

November 29, 2021 | Associated Press

An Indianapolis man has been charged with murdering his girlfriend, a year after he told police that she killed herself.

Indiana man gets probation for entering Capitol on Jan. 6

November 29, 2021 | Associated Press

A man from Vincennes has been sentenced to three years’ probation for his part in the Jan. 6 riot during which the crowd stormed the U.S. Capitol.

Speedy trial OK’d for Lake Co. murder suspect who fled transport van

November 29, 2021 | Associated Press

A murder suspect who escaped from a prisoner transport van last year when its driver stopped at a fast-food restaurant in northwest Indiana will stand trial in January in a Chicago man’s slaying.

More omicron cases pop up as world rushes to learn more

November 29, 2021 | Associated Press

Cases of the omicron variant of the coronavirus popped up in countries on opposite sides of the world Sunday and many governments rushed to close their borders even as scientists cautioned that it’s not clear if the new variant is more alarming than other versions of the virus.

Opinions Nov. 24, 2021

November 24, 2021

Court of Appeals of Indiana
Butler Motors, Inc., et al. v. Michael Benosky, et al.
20A-PL-1871
Civil plenary. Affirms the Marion Superior Court’s denial of two consolidated motions to dismiss filed by numerous automobile dealer defendants against a group of customers who purchased or leased vehicles from the dealers and who sued under the Deceptive Consumer Sales Act and the Motor Vehicle Dealer Services Act. In an interlocutory appeal, finds the trial court did not err by denying the respective motions to dismiss.

COA to hear murder, negligence appeals next week

November 24, 2021 | IL Staff

The Court of Appeals of Indiana will be on the road next week, traveling to two Indiana high schools to hear oral arguments in a murder case and a negligence dispute arising from a deadly fire.

Indiana lawmakers won’t return for one-day session on COVID-19 legislation

November 24, 2021 | Emily Ketterer and Indianapolis Business Journal Staff

Republican legislative leaders have decided against bringing state lawmakers back for a one-day session on Monday to vote on a bill that would have restricted employer COVID-19 vaccine mandates and put in place actions to end the statewide public health emergency order.

Car dealerships lose appeal seeking dismissal of class action complaints

November 24, 2021 | Katie Stancombe

Two car dealer groups could not convince the Court of Appeals of Indiana to order the dismissal of class action lawsuits brought against them by angry customers.

Former Holcomb staffer Lopez appointed to JNC

November 24, 2021 | IL Staff

Gov. Eric Holcomb has appointed Danny Lopez, his former deputy chief of staff, to the Judicial Nominating Commission for the Indiana Supreme Court and the Court of Appeals of Indiana.

For many, expedited bill to weaken vaccine mandates either goes too far or not far enough

November 24, 2021 | Emily Ketterer and Indianapolis Business Journal Staff

A group of nurses who say they were suspended from Ascension St. Vincent for refusing to be vaccinated against COVID-19 told Indiana lawmakers they hope new legislation will help them get their jobs back.

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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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