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Opinions March 6, 2024

March 6, 2024

Indiana Court of Appeals
In the Matter of the Adoption of Baby Girl; C.M. and K.M., In the Matter of the Paternity of L.A. (Minor Child); Y.N. v. K.Q.A. and C.M. and K.M.
23A-AD-1590
Adoption. Reverses the Marion Superior Court’s order, which established Y.N.’s paternity of L.A. Finds that putative father’s consent to L.A.’s adoption had been irrevocably implied as a result of his failure to timely register with the registry and that he was, therefore, barred from challenging the adoption or establishing paternity. Also finds the trial court erred in entering an order establishing the putative father’s paternity.

Nominations being accepted for the 2024 Henry Hurst Judicial Assistance Award

March 6, 2024 | IL Staff

Nominees must be individuals who serve the Northern District of Indiana either as a staff member of the clerk’s office or as chambers staff to a district court judge (Article III or Magistrate) or bankruptcy court judge.

Appellate Judge Crone to retire later this year

March 6, 2024 | Alexa Shrake

Indiana Court of Appeals Judge Terry Crone plans to retire this fall. The Indiana Judicial Nominating Commission will be accepting applications later this year to fill the vacancy.

7th Circuit Court of Appeals affirms district court’s ruling in sentencing of gang member

March 6, 2024 | Maura Johnson

A district court considered potential unwarranted sentencing disparities before it sentenced a Latin Dragon Nation gang member to 15 years in prison for his involvement in a man’s 2017 murder, the 7th Circuit Court of Appeals affirmed Tuesday.

Court Services Executive Director Hudson taking new position with national treatment association

March 6, 2024 | Alexa Shrake

The Office of Judicial Administration announced Wednesday morning that the Indiana Supreme Court’s Office of Court Services Executive Director is leaving.

Nikki Haley suspends her campaign and leaves Donald Trump as the last major Republican candidate

March 6, 2024 | Associated Press

Nikki Haley suspended her presidential campaign on Wednesday after being soundly defeated across the country on Super Tuesday, leaving Donald Trump as the last remaining major candidate for the 2024 Republican nomination.

Senators spar over looser teenage labor laws; plus: pensions, land buys and more

March 6, 2024 | Indiana Capital Chronicle

Senate Democrats maintained fierce opposition on Tuesday to legislation loosening Indiana’s child labor laws, while their Republican colleagues took the opportunity to shore up their conservative credentials.

OpenAI says Musk agreed the ChatGPT maker should become a for-profit company

March 6, 2024 | Associated Press

OpenAI has attacked a lawsuit from Elon Musk, saying he supported making the ChatGPT maker a for-profit company.

Attorney General’s Office to distribute $44.7M from opioid settlements

March 6, 2024 | IL Staff

Attorney General Todd Rokita’s office is distributing $44.7 million to Indiana cities, towns and counties in the next wave of funding from opioid settlements.

Labor department seeks court action against Granger business

March 6, 2024 | Alex Brown, Inside Indiana Business

The U.S. Department of Labor is seeking a temporary restraining order and preliminary injunction against a Vishav Inc., which does business as Mega Liquor & Smoke, for allegedly retaliating against and intimidating employees who were owed back wages.

 

Indiana Supreme Court to hear oral arguments in Paoli quarry blasting case

March 5, 2024 | Maura Johnson

The Indiana Supreme Court will hear oral arguments March 14 on Cave Quarries Inc. v. Warex LLC, the case concerning a 2021 incident in which Warex was hired to conduct a blasting procedure that ultimately damaged a Cave Quarries asphalt plant.

Opinions March 5, 2024

March 5, 2024

Indiana Court of Appeals

John U. Dustin v. Michelle C. Dustin (mem. dec.)
23A-DC-758
Domestic relations with children. Affirms the Monroe Circuit Court’s final decree of dissolution and division of John and Michelle Dustin’s marital estate. Finds the trial court did not abuse its discretion. Also finds John Dustin has not satisfied his burden on appeal to overcome the strong presumption that the trial court acted correctly in applying the statutory factors.

Criminal justice institute honors officers for drug-impaired driving prevention efforts

March 5, 2024 | IL Staff

The 2023 Drug Recognition Expert of the Year Award, named after fallen Indianapolis Metropolitan Police Department Officer David Moore, was presented to Elkhart County Sheriff’s Deputy Casey Lehman.

Indiana Supreme Court grants transfer in collateral sale lawsuit

March 5, 2024 | IL Staff

The case—Jeffery L. Foster, et al. v. First Merchants Bank, N.A., 24S-PL-75—was affirmed in August after the appellate court found the Benton Circuit Court was correct in entering summary judgment for First Merchants Bank based on the doctrine of laches.

Retirement of Judge Riley creates vacancy on appeals court; applicants sought

March 5, 2024 | Alexa Shrake

Indiana Court of Appeals Judge Patricia Riley will step down after serving on the state’s second-highest court since 1994, when she was named by then-Gov. Evan Bayh.

Hoosier lawmakers decline to remove public records chief restrictions

March 5, 2024 | Indiana Capital Chronicle

The proposed changes largely neuter the public access counselor position and were inserted into an unrelated bill with little warning or public testimony.

Senate moves foreign ownership of farmland bill despite economic development concerns

March 5, 2024 | Indiana Capital Chronicle

House Bill 1183 would prohibit entities or people from six “adversarial countries” — a list that the U.S. Department of Commerce defines as Russia, China, North Korea, Iran, Cuba and Venezuela — from owning or leasing Hoosier farmland along with mineral, riparian or water rights.

Former Trump CFO Allen Weisselberg pleads guilty to perjury

March 5, 2024 | Associated Press

His plea deal will send him back to jail but does not require that he testify at former President Donald Trump’s hush-money criminal trial.

Gov. Holcomb signs controversial pet sales bill

March 5, 2024 | Indiana Capital Chronicle

House Enrolled Act 1412 invalidates 21 local ordinances limiting pet sales and establishes care standards for dog breeders and pet stores.

 

Muncie man sentenced to 5 years in prison for reckless homicide

March 4, 2024 | IL Staff

A Delaware County Circuit Court judge sentenced a man Friday to five years in prison his role in a fatal September 2020 car crash in Muncie.

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In This Issue

  • Some Rokita targets continue fighting civil subpoenas on immigration

  • State and federal courts leaning more heavily on magistrates

  • Legal troubles at Jack’s Donuts concern some local franchisees

Most Read
  • State’s high court to hear arguments on double jeopardy, right to appeal

  • Colleagues remember John Trimble as ‘pillar’ of Indiana’s legal community

  • List of new Indiana laws approved this year

  • Owner of Broad Ripple bar charged with underreporting more than $4.5M in sales

  • 9 Indiana counties chosen for misdemeanor defense reimbursement pilot

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