IN Supreme Court denies 21 transfer petitions
| IL Staff
The Indiana Supreme Court denied 21 transfer petitions for the week ending Nov. 10, granting none.
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IN Supreme Court to hear oral arguments in medical malpractice case
| IL Staff
The Indiana Supreme Court will hear oral arguments this month in a case involving a patient who had surgery and was later informed that one of the hospital’s technicians didn’t complete the sterilization process for surgical instruments.
Opinions Nov. 17, 2023
Court of Appeals of Indiana
In Re: The Adoption of P.J.W. James D. DeClerck and Marilyn J. DeClerck v. Ronald J. Walters
23A-AD-1254
Adoption. Affirms the Montgomery Superior Court’s denial of James and Marily DeClerck’s petition to adopt P.J.W. Finds the trial court did not abuse its discretion when it found that adoption is not in the child’s best interests. Judge Terry Crone dissents with separate opinion.
Father deserves more time to build relationship with child, split COA affirms in adoption denial
A man with an extensive criminal history has made significant steps through his participation in drug court and shown that he clearly desired to act as his child’s father, a split Court of Appeals of Indiana affirmed Friday.
Mistrial declared after federal jury deadlocks in trial of ex-officer in deadly Breonna Taylor raid
Jurors failed to reach a unanimous verdict on federal civil rights charges Thursday in the trial of a former Louisville police officer charged in the police raid that killed Breonna Taylor, prompting the judge to declare a mistrial.
New York judge lifts gag order that barred Donald Trump from maligning court staff in fraud trial
A gag order that barred Donald Trump from commenting about court personnel after he disparaged a law clerk in his New York civil fraud trial was temporarily lifted Thursday by an appellate judge who raised free speech concerns.
Young to take on alumni, donor college admissions — without stepping on religious toes
Republican U.S. Sen. Todd Young from Indiana and U.S. Sen. Tim Kaine, a Democrat from Virginia, introduced a bill this month banning accredited institutions from offering preferential treatment to applicants with relationships to alumni or donors.
Biden signs a bill averting a government shutdown for now, with Israel and Ukraine aid still stalled
President Joe Biden signed a temporary spending bill a day before a potential government shutdown, pushing a fight with congressional Republicans over the federal budget into the new year, as wartime aid for Ukraine and Israel remains stalled.
IN Supreme Court seeking comments on proposed trial rule amendments
| IL Staff
The Indiana Supreme Court is seeking public comment on several proposed amendments to the Indiana Rules of Trial Procedure.
Nonprofit running disability group homes says state home classifications are discriminatory
A DeKalb County not-for-profit has filed a federal lawsuit over what it claims are discriminatory requirements placed on several group homes it operates for individuals with disabilities.
Attorney General Rokita plans to appeal ruling backing IPS in lawsuit over $1 law
Indiana Attorney General Todd Rokita plans to appeal a Marion County judge’s ruling that grants Indianapolis Public Schools an exemption from state law requiring districts to sell closed school buildings to charter schools for $1.
Opinions Nov. 16, 2023
Court of Appeals of Indiana
Steven E. Malloch v. State of Indiana
22A-PC-2053
Post-conviction relief. Affirms the DeKalb Superior Court’s denial of Steven Malloch’s petition for post-conviction relief. Finds Malloch’s trial attorney, John Bohdan, did not perform deficiently by not calling an expert witness about false confessions at Malloch’s trial because he pursued other strategies calculated to sow doubt regarding the veracity of Malloch’s confession. Also finds Bohdan didn’t perform deficiently when he did not call a sleep expert who could not provide an opinion supportive of Malloch or a sleep expert who would have been a reluctant and equivocal witness at best.
Failure to call experts wasn’t deficient, COA rules
A man whose attorney failed to call two key experts in his child molesting trial failed to convince the Court of Appeals of Indiana that his attorney performed deficiently.
Finalists announced for Marnocha vacancy on St. Joseph Superior Court
| IL Staff
The St. Joseph County Judicial Nominating Commission has announced five finalists for an upcoming judicial vacancy.
Teen’s limited contacts with ex after breakup not threatening, COA rules in reversal of protection order
Wading into a dispute over a middle school romance gone wrong, the Court of Appeals of Indiana has reversed a protective order issued against a teen who tried to contact his ex while the two were at school.
Former Gary police officer sentenced to year in prison for violating handcuffed man’s civil rights
A former Gary police officer was sentenced Wednesday to a year in federal prison after pleading guilty to violating a handcuffed man’s civil rights by using excessive force while arresting him.
Mother of 6-year-old boy who shot teacher gets 21 months for marijuana use while owning a gun
The mother of a 6-year-old boy who shot his teacher in Virginia was sentenced Wednesday to 21 months in prison for using marijuana while owning a firearm, which is illegal under U.S. law.
Appeals court frees attorney from having to join, pay dues to Louisiana bar association, for now
A Louisiana lawyer who objected to the state bar association’s public statements on several issues including health tips and LGBTQ+ rights can no longer be forced to join or pay dues to the association, a federal appeals court has ruled.
Averting government shutdown, Congress approves temporary funding through holidays
Ending the threat of a government shutdown until after the holidays, Congress gave final approval to a temporary government funding package that pushes a confrontation over the federal budget into the new year.
State not responsible for compensating couple that built illegal dam on property, COA affirms
A Grant County couple cannot “rely on the state to bail them out” and are not entitled to compensation for damages related to the construction of a massive dam on their property, the Court of Appeals of Indiana affirmed Wednesday.
