Articles

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Judiciary faces ‘political’ task in border wall emergency declaration

The question for courts hearing challenges to President Donald Trump’s national emergency declaration is not as simple as deciding whetherthe action is legal; they also must determine the extent of congressional and presidential powers, the meaning of relevant statutes and how much deference to give a president asserting executive authority.

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Federal court rebuffs latest Monarch-linked liquor law challenge

An Indiana motor carrier’s attempt to transport liquor for a Michigan City wholesaler has been blocked by the Southern Indiana District Court, which found the proposed arrangement could potentially circumvent Indiana’s three-tiered alcohol distribution and sales system.

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COA: Defendant with transcript has no right to trial recording

A trial court’s decision to decline to provide a criminal defendant with an electronic recording of his trial has been upheld, with the Indiana Court of Appeals ruling the defendant did not have a right to the electronic copy because he already had received the trial transcript.

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High chance for medical marijuana debate at statehouse

For proponents of medical marijuana, optimism was sparked when Indiana legalized CBD oil earlier this year. With that door opened, legislators in both parties are hopeful that success will boost their chances of getting a hearing on medical marijuana bills they will file in the 2019 legislative session.

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COA overturns injunction against Charlestown code enforcement scheme

A special judge’s ruling that preliminarily enjoined the city of Charlestown from inconsistently imposing code violation fees while simultaneously finding the city was not subject to the state’s Unsafe Building Law has been overturned. The Indiana Court of Appeals ruled Monday that the trial court erred in finding the UBL does not apply to the city, thus requiring remand for re-examination of how local and state regulations should work together.

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Proposal to decriminalize marijuana in Gary fails by 1 vote

A proposal to decriminalize marijuana in Gary fell one vote short of passage amid concerns that it would overstep Indiana law. Councilwoman Lavetta Sparks-Wade said she abstained from voting because the council’s attorney advised the council that it would circumvent state law.

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