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Opinions December 2, 2024

December 2, 2024

Indiana Court of Appeals
Christopher Delgado v. State of Indiana
24A-CR-708
Criminal. Affirms Porter Superior Court Judge Mary DeBoer’s allowance of the state to play the post-arrest video for the jury in Christopher Delgado’s case. Finds the trial court did not abuse its discretion in allowing the video to be shown. Reverses Delgado’s conviction for resisting law enforcement as a Class A misdemeanor. Finds the conviction violates Indiana’s protection against double jeopardy. Remands to the trial court with instructions to vacate this conviction. Reverses Delgado’s conviction for false informing as a Class A misdemeanor. Finds the state did not present sufficient evidence to support Delgado’s conviction for false informing. Remands with instructions for the trial court to vacate that conviction and enter judgment of conviction and sentence Delgado on one count of false informing as a Class B misdemeanor. Finally, finds the bad reputation & influence condition is unconstitutionally vague, and the inmate and driver’s license conditions are not reasonably related to the goals of probation. Reverses and remands with instructions for the trial court to clarify all three of these conditions with greater specificity. Attorney for appellant: James Harper. Attorneys for appellee: Attorney General Todd Rokita, Deputy Attorney General Megan Smith.

Randy Head steps down as GOP chair, returns to work at Kreig DeVault

December 2, 2024 | IL Staff

Indiana Republican Party Chairman Randy Head has resigned from his role with the party, effective immediately, the party announced Monday.

 

Magistrate appointed to serve as Allen County Judge

December 2, 2024 | Alexa Shrake

Gov. Eric Holcomb appointed Allen County Magistrate Jason Custer to serve as judge of the Allen Superior Court Civil Division Tuesday.

Supreme Court will hear arguments on flavored vape regulations imposed after youth vaping spike

December 2, 2024 | Associated Press

The high court is taking up an appeal from the Food and Drug Administration, which has denied more than a million applications to sell candy- or fruit-flavored products that appeal to kids.

 

First transgender attorney to argue before the Supreme Court, challenging health care ban for minors

December 2, 2024 | Associated Press

Chase Strangio will be the first openly transgender attorney to argue before the nation’s highest court, representing families who say Tennessee’s ban on health care for transgender minors leaves their children terrified about the future.

President Biden pardons his son Hunter despite previous pledges not to

December 1, 2024 | Associated Press

The move comes weeks before Hunter Biden was set to receive his punishment after his trial conviction in a gun case and guilty plea on tax charges, and less than two months before President-elect Donald Trump is set to return to the White House.

Court orders money seized at Indianapolis FedEx site returned to family jewelry business

November 27, 2024 | Alexa Shrake

The Marion Superior Court has ordered the Marion County Prosecutor’s Office to return money it seized earlier this year at the Indianapolis FedEx Hub to a California-based family jewelry business.

Report finds that Hoosier electricity, energy costs continue to grow

November 27, 2024 | Indiana Capital Chronicle

In one year’s time, the state’s biggest utility companies disconnected 174,015 Hoosier households, turning off the lights and heat at a time when energy costs are growing faster than Hoosier paychecks.

Coalition-backed survey finds ‘overwhelming’ number of Hoosiers support cannabis regulations

November 27, 2024 | Indiana Capital Chronicle

A coalition pushing for “safe and regulated” cannabis reform published survey findings from a conservative-linked pollster in which an “overwhelming” number of Hoosiers supported legalization.

Walmart’s DEI rollback signals a profound shift in the wake of Trump’s election victory

November 27, 2024 | Associated Press

Walmart’s sweeping rollback of its diversity policies is the strongest indication yet of a profound shift taking hold at U.S. companies that are re-evaluating the legal and political risks associated with bold programs to bolster historically underrepresented groups.

 

Trump vows tariffs over immigration. What the numbers say about border crossings, drugs and crime

November 27, 2024 | Associated Press

In a Monday evening announcement, President-elect Donald Trump railed against Mexico and Canada, accusing them of allowing thousands of people to enter the U.S.

Rudy Giuliani draws rebuke for a courtroom outburst accusing judge in assets case of being unfair

November 27, 2024 | Associated Press

In an angry outburst in a New York courtroom, Rudy Giuliani accused a judge Tuesday of making wrong assumptions about him as he tries to comply with an order requiring him to turn over most of his assets to two election poll workers who won a libel case against him.

Small business owners breathe easier over labor costs after decision to strike down overtime rule

November 27, 2024 | Associated Press

Small business owners have had a mostly positive reaction to a judge’s decision to strike down an overtime rule that would have qualified more workers for overtime pay.

State supreme court to hear oral arguments in public records dispute

November 26, 2024 | IL Staff

The Indiana Supreme Court will hear oral arguments in December for a case involving an Indianapolis attorney’s public records request that had been denied by the Indiana Family & Social Services Administration.

Terre Haute’s Union Health withdraws application for hospital acquisition

November 26, 2024 | Alex Brown, Inside Indiana Business

While Union Health withdrew its application to acquire Terre Haute Regional Hospital, the health system said Monday the two parties will continue to work toward completing the deal, though an estimated timeline was not given.

Opinions November 26, 2024

November 26, 2024

Indiana Court of Appeals
A.F. v. State of Indiana
24A-JV-1326
Juvenile. Reverses the Vanderburgh Superior Court juvenile court’s order that granted A.F.’s  wardship to the Indiana Department of Correction. Judge Gary Schutte and Magistrate Renee Ferguson presided in the case. Finds that the juvenile court abused its discretion when it granted A.F.’s wardship to the Department of Correction without ordering or considering a statutorily required predispositional report. Remands with instructions for the juvenile court to order the preparation of a predispositional report and to consider that report when redetermining A.F.’s disposition. Attorney for appellant: John Worman. Attorneys for appellee: Attorney General Todd Rokita, Deputy Attorney General Kathy Bradley.

Indiana ratepayer advocates hail ‘landmark’ settlement with data centers, utility company

November 26, 2024 | Indiana Capital Chronicle

If state regulators approve the settlement, it also will apply to new industrial customers with large electric loads.

Former Kentucky sheriff pleads not guilty in the fatal courthouse shooting of a judge

November 26, 2024 | Associated Press

Former Letcher County Sheriff Shawn “Mickey” Stines is accused of gunning down District Judge Kevin Mullins in the judge’s chambers.

The Onion’s bid for Alex Jones’ Infowars hangs in the balance as judge orders new hearing

November 26, 2024 | Associated Press

Jones alleges fraud and collusion marred the bankruptcy auction that resulted in The Onion being named the winning bidder over a company affiliated with him. A trustee overseeing the auction denies the allegations.

Judge in LA delays until January decision on resentencing Menendez brothers

November 26, 2024 | Associated Press

Superior Court Judge Michael Jesic said at the hearing in Los Angeles that he needed time to review 17 boxes of documents and give a new district attorney in Los Angeles County time to weigh in on the case.

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In This Issue

  • Some Rokita targets continue fighting civil subpoenas on immigration

  • State and federal courts leaning more heavily on magistrates

  • Legal troubles at Jack’s Donuts concern some local franchisees

Most Read
  • State’s high court to hear arguments on double jeopardy, right to appeal

  • 9 Indiana counties chosen for misdemeanor defense reimbursement pilot

  • List of new Indiana laws approved this year

  • Owner of Broad Ripple bar charged with underreporting more than $4.5M in sales

  • Colleagues remember John Trimble as ‘pillar’ of Indiana’s legal community

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