Applications available to succeed Jones on Marion Superior Court
| IL Staff
Applications are now open for an upcoming vacancy on the Marion Superior Court, the Indiana Supreme Court announced Monday.
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COA: Attorney fees sanction appropriate for discovery violation
The Indiana Court of Appeals has affirmed sanctions imposed on a Morgan County man after he violated discovery rules and failed to submit complete and adequate responses until almost two years after discovery was requested.
Opinions Nov. 1, 2021
Indiana Court of Appeals
Terrance Trabain Miller v. State of Indiana
20A-CR-2315
Criminal. Reverses Terrance Trabain Miller’s convictions of one count of Level 2 felony dealing in methamphetamine, one count of Level 2 felony dealing in heroin, a narcotic drug, and one count of Class A misdemeanor resisting law enforcement. Finds the Cass Circuit Court committed fundamental error when it gave a preliminary instruction on a charge of unlawful possession of a firearm by a serious violent felony, a count that was dismissed after the jury returned a guilty verdict. Remands.
Lang temporarily filling judicial seat of late Judge Boswell
| IL Staff
Senior Judge Kathleen Lang has been appointed judge pro tempore in Lake Superior Court, Criminal Division 3, filling the seat vacated by the unexpected death of Judge Diane Ross Boswell on Oct. 19.
Drug pricing enforcement action against Lilly blocked by federal court
The federal government’s assertion that Eli Lilly and Co. violated a program to offer low-income Medicaid and Medicare patients discounted drugs was tossed by the U.S. District Court for the Southern District of Indiana in a 65-page opinion, which also hinted that Congress needs to address the problems with the 340B Drug Pricing Program.
Trial rules amended to address service by electronic means
| IL Staff
New language has been added to Indiana’s trial rules to broaden the scope of electronic service.
Could 2022 be the year for marijuana legalization in Indiana?
Eyes will once again be on Indiana next year to see if lawmakers will loosen the state’s marijuana laws as neighboring states continue to cash in on legal weed.
Indiana ‘abortion complications’ reporting law takes effect after 3 years
A federal appeals court has cleared the way for Indiana officials to start enforcing a law requiring reports from doctors if they treat women for complications arising from abortions, even though the court said the law could be struck down in the future.
Holcomb extends COVID-19 orders but change is contemplated
Indiana Gov. Eric Holcomb has extended COVID-19 executive orders through November but suggested they might be scaled back by December.
High court adds climate change, immigration cases to docket
Over the objections of the Biden administration, the Supreme Court agreed Friday to consider a climate change case that could limit the Environmental Protection Agency’s authority to curb greenhouse gas emissions. The court also said it would hear a Republican-led immigration challenge.
Fort Wayne man who alleged self-defense guilty in wife’s death
A northeastern Indiana man has been convicted in the March slaying of his wife, whom he claimed he shot after she threw a knife at him.
Ahead of Rittenhouse trial, race seen as underlying issue
Kyle Rittenhouse, the aspiring police officer who gunned down three people in Kenosha, Wisconsin, during a protest against racism and police brutality, is white. So were those he shot. But for many, his trial next week will be watched closely as the latest referendum on race and the American legal system.
Credit time from dismissed sexual battery charges can’t be credited toward separate child molesting sentence, COA rules
The Indiana Court of Appeals affirmed Friday that a Lake County man’s request to put his credit time from a previous charge toward his current child molesting sentence was properly denied.
Apellate court affirms forfeiture of 504 tax sale certificates purchased by ineligible buyer
The Indiana Court of Appeals did not buy a Lake County man’s argument that state statute allows ineligible buyers at tax sales to avoid forfeiture by paying delinquent property taxes, finding the man had time to clear his debt but never did so.
COA: Trial court didn’t err in denying drug dealing sentencing modification
A trial court didn’t err when it summarily denied a drug dealer’s request to modify his sentence, the Indiana Court of Appeals has ruled.
Opinions Oct. 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
| 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
| 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
| 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’
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.