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Holcomb claims Rokita seeking to expand power of attorney general’s office
As part of his battle with the Legislature over executive powers, Indiana Gov. Eric Holcomb is accusing Attorney General Todd Rokita of creating a legal fiction in order to expand the attorney general’s “authority beyond his statutory duties and powers.”
New lawyers express their gratitude during admission ceremony
Like the two previous admission ceremonies, the Tuesday induction for the new admittees to the Indiana bar was held virtually. But this time, along with introducing themselves to the state and federal judiciary, the freshly minted lawyers took a few minutes to thank those who helped them get to this day.
Allen Co. magistrate Morgan appointed to Superior Court bench, succeeding Pratt
Allen County Magistrate Lori Morgan has been named a judge of the Allen Superior Court, Gov. Eric Holcomb announced Tuesday.
Opinions May 18, 2021
Indiana Court of Appeals
Shawn Lacey v. State of Indiana (mem. dec.)
20A-CR-1689
Criminal. Affirms Shawn Lacey’s conviction of Level 5 felony battery. Finds the evidence is sufficient.
Greenwood boy, 16, sentenced in fatal shooting of another teen
A 16-year-old suburban Indianapolis boy charged as an adult in another teen’s fatal shooting has been sentenced to more than two years in prison after pleading guilty to criminal recklessness and a weapons charge.
Supreme Court won’t hear case involving the N-word
The Supreme Court is declining to hear a case that would have let the justices decide whether a single use of the N-word in the workplace can create a hostile work environment.
High court won’t make unanimous jury requirement retroactive
The Supreme Court ruled Monday that prisoners who were convicted by non-unanimous juries before the high court barred the practice a year ago don’t need to be retried.
Supreme Court throws abortion fight into center of midterms
In agreeing to hear a potentially groundbreaking abortion case, the Supreme Court has energized activists on both sides of the long-running debate who are now girding to make abortion access a major issue in next year’s midterm elections.
Providers file legal challenge to Indiana ‘abortion reversal’ disclosure requirement
The suit challenges House Enrolled Act 1577, which the Indiana General Assembly passed this year requiring doctors to inform patients about medication-abortion reversals.
Indiana ending enhanced pandemic jobless aid next month
The changes come as many businesses blame the extra $300 weekly payment and the ease of obtaining unemployment benefits with making it more difficult to fill job openings.
General counsel of state insurance department promoted to top job
Gov. Eric Holcomb appointed Amy Beard to succeed Stephen Robertson, who’d been insurance commissioner since 2010.
Opinions May 17, 2021
Express Scripts Incorporated v. Department of State Revenue
19T-TA-18
Tax. Denies the Indiana Department of State Revenue’s motion for partial summary judgment and grants summary judgment to Express Scripts on the issue of whether Express Scripts receives its Indiana income from the retail sale of prescription drugs or from the provision of services. Finds Express Scripts receives its Indiana income from the latter. Remands the matter to the department for action consistent with the opinion.
Taxpayer files second legal challenge to HEA 1123
The suit challenges a new law that gives the Legislature the power to call itself into a special session whenever the governor declares a state of emergency that “the legislative council determines has a statewide impact.”
Judicial Nominating Commission concludes first round of interviews to succeed Kirsch
The 12 semifinalists, who are proceeding to another round of interviews, shared their judicial philosophies during interviews last week.
Woman gets share of property in ‘tenants in common’ dispute
The court found that a woman is entitled to her equal share of a farm that her former boyfriend purchased a decade ago for the couple to live on.
Former Mounds Mall landowner can’t force parcel owner to sign lease, COA rules
The owner of land where Anderson’s Mounds Mall once stood cannot order the owner of one parcel to agree to a prior lease, the court found.
Express Scripts doesn’t get Hoosier income from selling prescription drugs, Tax Court rules
The court found the company receives its Indiana income from the provision of services and not from selling prescription drugs.
Ex-nursing home CEO taking fight against Barnes & Thornburg to 7th Circuit
James Burkhart, who led American Senior Communities, had argued Barnes & Thornburg failed to disclose a “profound conflict of interest” that compromised its representation of him.
More than 2.3 million Hoosiers now fully vaccinated
The state of Indiana said nearly 2.3 million Hoosiers had been fully vaccinated against COVID-19. More than 2.5 million had received the first dose of a two-dose vaccination.