McGee honored with IUPUI Gerald L. Bepko Staff Council Spirit Award
| IL Staff
An Indiana University Robert H. McKinney School of Law administrator was recognized with one of IUPUI’s highest honors in a November ceremony.
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Physician sanctioned by IN pharmacy board for unsanitary conditions, misbranded drugs
| IL Staff
Acting upon evidence from a complaint filed by the Indiana Office of the Attorney General, the Indiana Board of Pharmacy has voted to sanction a Marion County doctor for illegal practices.
Opinions Dec. 4, 2023
Court of Appeals of Indiana
Charles Andrew Wenner v. Gehrid Hensley, et al.
23A-SC-973
Small claims. Affirms the small claims judgment in Monroe Circuit Court issued against landlord Charles Andrew Wenner and in favor of tenants Hayen Johnson, Gehrid Hensley and Quinn Kaise. Remands for a determination of appellate attorney fees to be awarded to tenants. Finds Wenner’s procedural bad faith in his appeal rises to the level of egregiousness for which appellate attorney fees are warranted.
Pilots flying tourists over national parks face new rules. None are stricter than at Mount Rushmore
Fewer planes and helicopters will be flying tourists over Mount Rushmore and other national monuments and parks as new regulations take effect that are intended to protect the serenity of some of the most beloved natural areas in the United States.
With gambling legislation on pause, some push for reform
The leaders of the Statehouse’s dual Republican supermajorities have been clear: after recent gambling industry scandals involving former lawmakers, next year’s legislative session will include no expansion.
Jury orders egg suppliers to pay $17.7 million in damages for price gouging in 2000s
A federal jury in Illinois ordered $17.7 million in damages — an amount tripled to more than $53 million under federal law — to several food manufacturing companies who had sued major egg producers over a conspiracy to limit the egg supply in the U.S.
OxyContin maker’s bankruptcy deal goes before the Supreme Court, with billions of dollars at stake
The Supreme Court on Monday is hearing arguments over a nationwide settlement with OxyContin maker Purdue Pharma that would shield members of the Sackler family who own the company from civil lawsuits over the toll of opioids.
Oral arguments in RFRA challenge to abortion ban set for Wednesday
| IL Staff
The Court of Appeals of Indiana is set to hear oral arguments next week in a two-part challenge to Indiana’s near-total abortion ban under the state’s Religious Freedom Restoration Act.
Indy attorney convicted of Capitol riot misdemeanors suspended for disciplinary noncooperation
| IL Staff
The Indianapolis lawyer convicted of federal misdemeanors related to the Jan. 6, 2021, Capitol riot has been suspended from the practice of law in Indiana in a disciplinary action seemingly related to the federal case.
Fees increasing at federal courts
| IL Staff
Fee increases took effect today in both the Indiana Northern and Southern District courts.
Opinions Dec. 1, 2023
Court of Appeals of Indiana
Austin J. Hollifield v. State of Indiana (mem. dec.)
23A-CR-1014
Criminal. Affirms Austin Hollifield’s conviction of Level 4 felony possession of a firearm by a serious violent felon, his habitual offender enhancement and his 20-year enhanced sentence. Finds the admission of a video was not error. Also finds Hollifield’s sentence is not inappropriate.
Lawsuits against Trump over Jan. 6 riot can move forward, appeals court says
Lawsuits against Donald Trump over the U.S. Capitol riot can move forward, a federal appeals court ruled on Friday, rejecting the former president’s bid to dismiss the cases accusing him of inciting the violent mob on Jan. 6, 2021.
House expels New York Rep. George Santos. It’s just the 6th expulsion in the chamber’s history
The House voted on Friday to expel Republican Rep. George Santos of New York after a critical ethics report on his conduct that accused him of converting campaign donations for his own use. He was just the sixth member in the chamber’s history to be ousted.
Retired Justice Sandra Day O’Connor, the first woman on the Supreme Court, has died at age 93
Former Supreme Court Justice Sandra Day O’Connor, an unwavering voice of moderate conservatism and the first woman to serve on the nation’s highest court, has died. She was 93.
What if Donald Trump is convicted? The 2024 Republican convention rules don’t address the issue
The Republican National Committee’s rules for next year’s nominating contest and convention were released this week without addressing a question the GOP could well face next summer: Can the party’s delegates vote for a different candidate if the presumptive nominee is convicted of a felony?
Report: Belief death penalty is applied unfairly shows capital punishment’s growing isolation in US
More Americans now believe the death penalty, which is undergoing a yearslong decline of use and support, is being administered unfairly, a finding that is adding to its growing isolation in the U.S., according to an annual report on capital punishment.
Indiana man suspected in teen girl’s disappearance charged with murder after remains found
A 59-year-old man suspected in the June disappearance of a 17-year-old neighbor has been charged with murder after human remains were found buried in a pit on his central Indiana property.
23 candidates to interview next month for Welch, Flowers vacancies on Marion Superior Court
| IL Staff
The Marion County Judicial Selection Committee will conduct two days of interviews next month for two vacancies on the Marion Superior Court, including the vacancy created by the death of Judge Shatrese Flowers.
Corydon woman’s federal lawsuit alleging civil rights violations dismissed without prejudice
A federal judge has dismissed without prejudice a civil rights complaint filed by a Black woman from Corydon who alleges she was denied full access to the town’s public utilities and faced harassment and threats while living there.
Opinions Nov. 30, 2023
Court of Appeals of Indiana
Ji J. Lian v. Health and Hospital Corporation of Marion County (mem. dec.)
22A-OV-2758
Ordinance violation. Affirms the orders requiring Ji Jing Lian to remedy the various health code violations on the interior and exterior portions of her property by a certain date and, in the event she did not comply, ordering the Health and Hospital Corporation of Marion County and/or its contractors to vacate the premises and clean up the exterior, with a resulting lien for the costs incurred. Finds Lian did not raise her Fourth Amendment argument in the Marion Superior Court, so she cannot pursue it on appeal.