IN Southern District Court seeking comment on proposed amendments to 8 local rules
| IL Staff
The U.S. District Court for the Southern District of Indiana is seeking public comment on proposed changes to eight local rules.
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Notre Dame Law’s Cole reappointed dean; former IU McKinney dean Klein to lead North Carolina law school
| IL Staff
Notre Dame Law School Dean G. Marcus Cole has been reappointed to another five-year term. In Indianapolis, former Indiana University Robert H. McKinney School of Law dean Andrew Klein has announced he will become dean of Wake Forest University School of Law.
Opinions May 25, 2023
Court of Appeals of Indiana
Dustin A. Lane v. State of Indiana
22A-CR-2276
Criminal. Revises Dustin Lane’s aggregate sentence from 3,000 days to 300 days and remands to the Lawrence Superior Court to enter a sentencing order consistent with the appellate opinion. Finds Lane has met his burden to demonstrate that his sentence is inappropriate in light of the nature of the offenses and his character. Judge Dana Kenworthy dissents with separate opinion.
Gunman in 2019 judges shooting argues fundamental error, insufficient evidence on appeal
The man convicted of aggravated battery in connection with the May 2019 shooting of two southern Indiana judges is asking the Court of Appeals of Indiana to overturn his convictions based on fundamental error and double jeopardy violations.
Supreme Court limits federal power over wetlands, boosts property rights over clean water
The Supreme Court on Thursday made it harder for the federal government to police water pollution in a decision that strips protections from wetlands that are isolated from larger bodies of water.
Evansville employee sentenced to prison for fraud
A Kentucky man has been sentenced to 3½ years in prison after pleading guilty to multiple charges related to a scheme to defraud his employer in Evansville.
First month of Medicaid ‘unwinding’ boots 92K Hoosiers from coverage
Nearly 92,600 Hoosiers lost their Medicaid coverage this month, the first of many to lose their insurance following the “unwinding” of pandemic-related protections over the next year — and at a much higher pace than previously predicted.
Indiana doctor’s discipline hearing centers on privacy, reporting of Ohio 10-year-old’s abortion
A hearing on possible disciplinary action opened Thursday for an Indianapolis doctor who spoke publicly about providing an abortion to a 10-year-old rape victim from Ohio.
Texas Attorney General Ken Paxton likely broke laws, Republican investigation finds
A Republican-led investigation on Wednesday accused Texas Attorney General Ken Paxton of committing multiple crimes in office during an extraordinary public airing of scandal and alleged lawbreaking.
Justices invite amicus briefing in state employee indemnification rights case
| IL Staff
The question of whether an Indiana Department of Natural Resources officer committed “criminal” conduct when he committed the act of false informing is pending a decision on transfer to the Indiana Supreme Court, which has invited amicus curiae briefing.
Federal court remands TikTok lawsuit back to state court, criticizes lengthy complaint
A complaint filed by the state against social media giant TikTok has been bounced back to state court after being remanded this week by a federal judge, who criticized the 51-page complaint’s length and “irrelevant posturing.”
Opinions May 24, 2023
Court of Appeals of Indiana
Robert A. Kissinger v. State of Indiana (mem. dec.)
22A-CR-2647
Criminal. Affirms Robert Kissinger’s conviction and 30-year sentence for Level 1 felony child molesting. Finds the DeKalb Circuit Court did not abuse its discretion in admitting a nurse’s report, and even if it did, the error was harmless. Also finds the evidence is sufficient to identify Kissinger as the perpetrator and to support his conviction. Finally, finds Kissinger’s advisory sentence is not an outlier.
Federal magistrate: Former Ascension employees can add plaintiffs, defendants in now-consolidated COVID vaccine lawsuit
Current and former employees of Ascension Health can add three new individual plaintiffs and three new defendants to their class-action lawsuit against the hospital system regarding religion exemptions to COVID-19 vaccine requirements.
ISBA launches Indiana Pro Bono Academy to make pro bono work more accessible
| IL Staff
The Indiana State Bar Association has launched an online Indiana Pro Bono Academy to provide an entry point for Hoosier attorneys who want to do pro bono work.
1 year after Uvalde shooting, investigation of police response continues
A criminal investigation in Texas over the hesitant police response to the Robb Elementary School shooting is still ongoing as Wednesday marks one year since a gunman killed 19 children and two teachers inside a fourth-grade classroom in Uvalde.
Chief Justice Roberts says Supreme Court can do more on ethics, but offers no specifics
Chief Justice John Roberts said there is more the Supreme Court can do to “adhere to the highest standards” of ethical conduct, an acknowledgment that recent reporting about the justices’ ethical missteps is having an effect on public perception of the court.
Indiana Lottery to send expected $362 million surplus back to state
Indiana’s lottery expects to send a whopping $361.7 million to state coffers, up 4% from last year’s payout but down from a pandemic-era record-high.
Progressives try to persuade Biden to use the 14th Amendment to resolve debt crisis
Progressives are pushing hard for President Joe Biden to take the unprecedented step of invoking the 14th Amendment as a way to avoid financial calamity if the White House and House Speaker Kevin McCarthy do not strike a deal on the debt ceiling.
States sue telecom company over billions of robocalls
Attorneys general across the U.S. joined in a lawsuit Tuesday against a telecommunications company accused of making more than 7.5 billion robocalls to people on the national Do Not Call Registry.
Hammerle on… “Scream VI” and “John Wick: Chapter 4”
Indianapolis criminal defense attorney Robert Hammerle gives us his take on “Scream VI” and “John Wick: Chapter 4.”