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COA: Deputies had reasonable suspicion for pat-down

December 27, 2022 | Jordan Morey

A northeastern Indiana man has failed to convince the Court of Appeals of Indiana that deputies violated his Fourth Amendment rights when they patted him down and arrested him after an anonymous noise complaint was called in against him.

Indiana Northern District Attorney’s Office collects more than $7M in civil, criminal actions in FY 2022

December 27, 2022 | IL Staff

The U.S. Attorney’s Office for the Northern District of Indiana collected $7,065,356.11 in civil and criminal actions for the fiscal year 2022, the office announced Dec. 21.

fees

COA splits in dispute over repaired sign’s continued status under development ordinance

December 27, 2022 | Marilyn Odendahl

A split Court of Appeals of Indiana has found for a board of zoning appeals in a fight over whether the replacement and relocation of the supporting posts allowed a freestanding sign to keep its nonconforming status under a local ordinance.

Migrants near US border face cold wait for key asylum ruling by SCOTUS

December 27, 2022 | Associated Press

Thousands of migrants on the southern border are awaiting a U.S. Supreme Court decision on asylum restrictions.

immigration-stock-2col.jpg

Police: Indiana deputy returns fire at man out with child

December 27, 2022 | Associated Press

A man who was walking with a small child outside in the bitter cold early Friday shot at a southeastern Indiana sheriff’s deputy who returned fire and wounded him, state police said.

Curriculum, pre-K, culture bills among education priorities for state lawmakers

December 27, 2022 | Indiana Capital Chronicle

Changes to K-12 curriculum, increased access to early-childhood education and a response to Indiana’s ongoing teacher shortage are top-of-mind issues for Indiana lawmakers as the 2023 legislative session nears.

Judge: NW Indiana hospital must keep ER open for 9 months

December 27, 2022 | Associated Press

A northwestern Indiana hospital that was days away from closing its emergency room has been ordered by a judge to keep those emergency services operational for another nine months.

Appellate rule change will enable litigants to cite ‘persuasive’ memorandum opinions

December 23, 2022 | Marilyn Odendahl

The Indiana Supreme Court is amending the appellate rules to allow litigants to cite to memorandum decisions for “persuasive value,” a change the Appellate Practice Section of the Indianapolis Bar Association has been advocating for since 2013.

Existing, new senior judges certified for 2023

December 23, 2022 | IL Staff

The Indiana Supreme Court is ending the year by restocking the pool of senior judges who will be available to dive in and help keep the lower courts functioning in the upcoming year.

District court dismisses vaccine mandate complaint from already-vaccinated St. Vincent employee

December 23, 2022 | Jordan Morey

A physician’s assistant at St. Vincent Medical Group who received the COVID-19 vaccine after her employer mandated it but sued alleging federal civil rights violations has failed to secure relief from a federal court, which dismissed her complaint.

Opinions Dec. 23, 2022

December 23, 2022

The following 7th Circuit Court of Appeals opinion was posted after IL deadline on Thursday:
United States of America v. Thomas Jones, et al.
20-1405, 20-1442, 20-2112, 20-2304, 20-2420, 20-2458, 20-2462, 20-2498, 20-2499, 20-3266, 21-1002
Appeals from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge James R. Sweeney, II.
Criminal. Affirms all challenged drug-related convictions for Pierre Riley, Reggie Balentine, Michael O’Bannon, Michael Jones, Jason Reed, Shaun Myers, Perry Jones, Thomas Jones, Derrick Owens and Antwon Abbott. Affirms all defendant-appellants’ sentences except that of Thomas Jones. Finds no reversible error except as to the imposition of a two-level firearm enhancement to Thomas’ sentence. Remands Thomas’ case for resentencing. Judge Thomas Kirsch dissents in part with separate opinion.

7th Circuit affirms convictions in wide-ranging drug conspiracy, splits over resentencing

December 23, 2022 | Olivia Covington

The 7th Circuit Court of Appeals has affirmed convictions and sentences in a wide-ranging challenge to a drug conspiracy case, affirming against the 10 defendants in all instances except one sentencing challenge. That one reversal prompted a dissent.

Holcomb awaiting April forecast to see what state can afford in 2023-2024 budget

December 23, 2022 | Peter Blanchard, Indianapolis Business Journal

Republican legislative leaders have been urging caution on new spending since a new economic forecast this month predicted a mild recession next year, but Gov. Eric Holcomb remains hopeful that his legislative priorities can be funded.

Jan. 6 report: Trump ‘lit that fire’ of Capitol insurrection

December 23, 2022 | Associated Press

The Jan. 6 committee’s final report asserts that former President Donald Trump criminally engaged in a “multi-part conspiracy” to overturn the lawful results of the 2020 presidential election and failed to act to stop his supporters from attacking the Capitol.

House passes $1.7 trillion spending bill with Ukraine aid

December 23, 2022 | Associated Press

A $1.7 trillion spending bill financing federal agencies through September and providing more aid to a devastated Ukraine cleared the House on Friday as lawmakers race to finish their work for the year and avoid a partial government shutdown.

Arizona to remove shipping container wall from Mexico border

December 23, 2022 | Associated Press

Arizona will take down a makeshift wall made of shipping containers at the Mexico border, settling a lawsuit and political tussle with the U.S. government over trespassing on federal lands.

FTX founder Bankman-Fried allowed $250M bond, house arrest

December 23, 2022 | Associated Press

Cryptocurrency entrepreneur Sam Bankman-Fried walked out of a Manhattan courthouse Thursday with his parents after they agreed to sign a $250 million bond and keep him at their California home while he awaits trial.

Appellate court rejects Brady claim but rebukes state for not disclosing witness’s complete criminal history

December 22, 2022 | Marilyn Odendahl

While the Court of Appeals of Indiana agreed with the state that the withholding of evidence about a witness was “negligible, at best” in a trial that ended with a murder conviction, it admonished the prosecutors for failing to disclose.

COA finds Indiana Evidence Rule 703 allows nurse’s testimony in child abuse case

December 22, 2022 | Marilyn Odendahl

A Marion County man convicted of abusing his infant son failed to get a nurse’s testimony thrown out as hearsay.

Split COA affirms for out-of-state uninsured motorist, but dissent points to recent statutory amendment

December 22, 2022 | Olivia Covington

A repeat uninsured motorist from Illinois who sued for damages after a Lake County car accident can continue to pursue noneconomic damages, the Court of Appeals of Indiana has affirmed.

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In This Issue

  • Will U.S. Supreme Court hear request to overturn landmark decision on same-sex marriage?

  • Fort Wayne end-of-life doula tests bounds of Indiana’s funeral laws

  • New Notre Dame program helps first-year law students

Most Read
  • Howard County judge permanently banned from judicial service

  • Indiana attorney Zuckerberg sues Meta over accusations he’s impersonating Facebook founder

  • Will U.S. Supreme Court hear request to overturn landmark decision on same-sex marriage?

  • State judiciary is considering alternative exam for bar admission

  • Will Trump’s interest in reclassifying marijuana push Indiana toward legalization?

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