Attorney reinstated to Indiana bar after noncooperation suspension lifted
| IL Staff
An attorney has been reinstated to the practice of law in Indiana after her suspension for noncooperation was lifted.
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American Senior Communities agrees to pay $5.6M to settle false claims allegations
American Senior Communities, the largest nursing home company in Indiana, has agreed to pay nearly $5.6 million to resolve allegations that it violated federal laws by submitting false claims to the Medicare program.
Indiana funeral set for GOP Rep. Walorski killed in crash
The funeral for Indiana Republican U.S. Rep. Jackie Walorski will be held Thursday in her home state of Indiana, where she and three other people were killed in a head-on highway crash.
Indiana officer critically wounded in traffic stop shooting
An eastern Indiana police officer was critically wounded and a man was injured in a shootout following a traffic stop and search for possible narcotics, authorities said.
Breyer, Gorsuch join to promote education about Constitution
Recently retired Supreme Court Justice Stephen Breyer has become the honorary co-chairman of a nonpartisan group devoted to education about the Constitution, joining Justice Neil Gorsuch at a time of intense political polarization and rising skepticism about the court’s independence.
Susan Brooks, John Tinder join chorus denouncing Indiana AG Todd Rokita
A former congresswoman and retired federal judge are publicly criticizing Indiana Attorney General Todd Rokita, describing his recent actions as smacking of McCarthyism and calling on law enforcement officials to “reject his example.”
Opinions Aug. 10, 2022
Court of Appeals of Indiana
Hipolito Ramirez Martinez v. State of Indiana
21A-CR-2797
Criminal. Affirms Hipolito Martinez’s convictions of two counts of Level 1 felony child molesting. Finds the Tippecanoe Superior Court did not err in granting the jury’s request to review victim K.R.’s testimony. Also finds the trial court did not abuse its discretion in denying Martinez’s mistrial motion. Finally, finds the trial court did not err in denying the state’s request to have Martinez classified as a credit-restricted felon.
Central Indiana fair-housing group reaches settlement in senior-living lawsuit
The Indianapolis-based Fair Housing Center of Central Indiana and 11 partner organizations have reached a settlement with a New York-based property owner in a lawsuit over disability-access issues at 50 different senior-living properties, including three in central Indiana.
District court’s explanations save enhanced sentence from remand
Although the 7th Circuit Court of Appeals was “troubled” by the Northern Indiana District Court’s approach to enhancing the sentence of a criminal defendant, the appellate panel was reassured by the lower court’s explanation and ruled any error was harmless.
Governor fills Hamilton Superior Court vacancy
| IL Staff
A successor has been chosen to fill a vacancy in the Hamilton County judiciary left by Judge Gail Bardach, who retired from the bench in July.
COA denies appeal, cross-appeal in stepdad’s child molesting case
A convicted child molester has failed to convince the Court of Appeals of Indiana that a mistrial should’ve been granted in his case due to an errant PowerPoint slide and the replaying of his victim’s testimony to the jury. However, the appellate court also denied a cross-appeal by the state challenging the denial of its request to classify the man as a credit-restricted felon.
Murder conviction, sentence upheld for Lake County man in woman’s disappearance
A Lake County man accused of killing a mother of three after they attended a concert in Chicago cannot be rid of his murder conviction, the Court of Appeals of Indiana has ruled.
Rokita encourages IN Supreme Court to take birth certificate gender marker case
| IL Staff
Indiana Attorney General Todd Rokita is advocating for the Indiana Supreme Court to grant transfer to a case concerning transgender Hoosiers’ birth certificates, requesting justices clear up confusion on the matter by ruling the judiciary has no authority to order a change of “sex” on the legal documents.
Hoosiers could see mailed tax refund checks as early as next week
Hoosiers who still haven’t received their $125 automatic taxpayer refund can expect to see checks in a matter of weeks, state officials said. Hoosiers across the state should also see the $200 payment approved during the special legislative session arrive soon, too.
Trump says he took the 5th in NY civil investigation
Donald Trump invoked the Fifth Amendment and wouldn’t answer questions under oath in the New York attorney general’s long-running civil investigation into his business dealings, the former president said in a statement Wednesday.
Opinions Aug. 9, 2022
Court of Appeals of Indiana
Tabetha Smith v. Shawn Smith
21A-DC-2820
Domestic relations with children. Affirms and reverses in part the division of property in the dissolution of the marriage of Tabetha Smith and Shawn Smith. Finds the Marion Superior Court’s valuation, method of distribution and consideration of the tax consequences were well within its discretion. Also finds the trial court erred by failing to award either survivor’s benefits or protection of Tabetha’s portion of Shawn’s Indiana Public Retirement System pension benefits through other means, such as life insurance. Remands for further proceedings.
Special election to replace Rep. Walorski scheduled for Nov. 8
| IL Staff
The special election to fill the now-vacant congressional seat in Indiana’s 2nd District following the death of Congresswoman Jackie Walorski will coincide with the Nov. 8 general election, and the candidates to finish out her term will be announced by the end of the month.
USI student loses Title IX appeal following sexual assault suspension
A male student at the University of Southern Indiana was unable to halt his suspension for sexual assault after the 7th Circuit Court of Appeals found he did not show he was discriminated against because of his sex.
COA: Deferred pension distribution not an error, but trial court should’ve protected wife’s portion until ex’s retirement
A trial court did not err in deferring the distribution of a man’s pension to his ex-wife until he retires, but it did err in failing to protect the ex-wife’s portion of the pension, the Court of Appeals of Indiana has ruled.
FBI searches Trump’s Florida estate for classified records
The FBI searched Donald Trump’s Mar-a-Lago estate as part of an investigation into whether he took classified records from the White House to his Florida residence, people familiar with the matter said, a dramatic and unprecedented escalation of law enforcement scrutiny of the former president.