COA: Fired employee did not commit theft, is entitled to unemployment benefits
A fired Indiana leasing consultant will continue to get unemployment benefits after the Court of Appeals of Indiana affirmed she wasn’t let go for gross negligence.
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Tyre Nichols case revives calls for change in police culture
Tyre Nichols’ fatal encounter with police officers in Memphis, Tennessee, recorded in video made public Friday night, is a glaring reminder that efforts to reform policing have failed to prevent more flashpoints in an intractable epidemic of brutality.
Bill seeks to prevent federal takeover of Indiana air pollution program
Indiana’s air pollution permitting program is low on money, edging toward violation of the federal Clean Air Act — and a potential U.S. Environmental Protection Agency takeover. And it’s because air pollution is decreasing.
Some truckers want higher speed limits; key lawmakers reluctant
Two Hoosier lawmakers are seeking to eliminate the lower speed limit for heavy trucks on rural interstates and highways, but their proposals appear to be another chapter in more than 30 years of fruitless efforts on behalf of independent truckers.
Pier 48 keeps serving as legal wrangling continues
Pier 48 Fish House & Oyster Bar hadn’t even been open a year when business disputes among the downtown restaurant’s owners began spilling into the legal system in August 2020, with the various partners slinging lawsuits and accusations back and forth.
Former Roncalli counselor fired for same-sex marriage argues district court misapplied ministerial exception
A former Roncalli High School guidance counselor is asking the 7th Circuit Court of Apppeals to revive her lawsuit against the high school and the Archdiocese of Indianapolis, arguing that the district court misapplied the ministerial exception.
Bill denying bail to ‘substantial risks’ passes Indiana Senate
A bill that would further limit the right to bail passed the Indiana Senate on Thursday.
Former Brown Co. ice cream shop employee loses burglary appeal
A former employee of the Chocolate Moose in Nashville argued the trial court abused its discretion when it denied his motion to withdraw his guilty pleas and ordered him to pay more than $6,000 in restitution. The Court of Appeals of Indiana disagreed.
Accused rapist wins discovery victory on interlocutory appeal, but COA splits
A split Court of Appeals of Indiana has partially reversed for an accused rapist after finding the state failed to justify the disclosure of six pages of a DNA summary after the defendant introduced just one page into evidence at a deposition.
Opinions Jan. 27, 2023
Court of Appeals of Indiana
Akinfemiwa Akinribade v. State of Indiana
22A-CR-1757
Criminal. Affirms and reverses in part the order to disclose Afkinfemiwa Akinribade’s expert’s summary of the state’s crime lab report. Finds Akinribade waived any objection to the disclosure of the one page of the summary that he introduced into evidence at a deposition of the state’s DNA analyst. Also finds the state failed to make the requisite showing of either substantial need or exceptional circumstances to justify the disclosure of the remaining pages of the summary under Indiana Trial Rule 26(B). Remands for further proceedings. Judge Melissa May dissent with separate opinion.
COA: Indictment against Lake Co. sheriff can proceed
The Court of Appeals of Indiana ruled an indictment against a northwest Indiana sheriff for felony resisting law enforcement and misdemeanor reckless driving can proceed.
Judge convicts 16-year-old of murder in Indiana girl’s death
A judge found a 16-year-old boy guilty of murder Thursday in the asphyxiation slaying of a 6-year-old northern Indiana girl.
Justice Kavanaugh: Supreme Court’s slow start a coincidence
Supreme Court Justice Brett Kavanaugh says the public shouldn’t read anything into the high court’s historically slow start to releasing opinions.
Colorado baker loses appeal over transgender birthday cake
The Colorado baker who won a partial U.S. Supreme Court victory after refusing to make a gay couple’s wedding cake because of his Christian faith lost an appeal Thursday in his latest legal fight, involving his rejection of a request for a birthday cake celebrating a gender transition.
Leadership in Law 2023 – Individual Ticket
Individual ticket includes networking, a served breakfast and scheduled program.
Gary Common Council sued by local lawyer after missing redistricting deadline
A federal lawsuit has been filed against the Gary Common Council after it allegedly failed to establish new election district lines by the Dec. 31 deadline.
Bill clarifying limits on child sex abuse victim depositions clears IN Senate committee
Continuing a conversation that began in 2020, an Indiana Senate committee has endorsed a bill that would further clarify the restriction on depositions of alleged child sex abuse victims.
COA allows property dispute over access to lake to continue
A property dispute between neighbors will continue in the Brown Circuit Court after the Court of Appeals of Indiana overturned the dismissal of the plaintiffs’ amended complaint.
Opinions Jan. 26, 2023
7th Circuit Court of Appeals
Mark Benner v. Jesse Carlton, Chief Probation Officer of St. Joseph County, Indiana
22-1139
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division.
Judge Damon R. Leichty.
Civil. Affirms the denial of Mark Benner’s petition for collateral relief from his convictions of child seduction. Finds Indiana Code § 35-42-4-7(n) is not unconstitutionally vague.
Manslaughter conviction upheld after toxicology report excluded
The exclusion of a toxicology report did not undermine a man’s voluntary manslaughter conviction, the Court of Appeals of Indiana ruled Thursday.
