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Opinions Sept. 14, 2021

Indiana Supreme Court
John B. Larkin v. State of Indiana
21S-CR-00427
Criminal. Affirms the LaPorte Superior Court’s judgment against John B. Larkin for Class C felony involuntary manslaughter. Finds the trial court did not abuse its discretion by denying Larkin’s motion to dismiss for prosecutorial misconduct or by treating the handgun as an aggravator. Finds the state presented sufficient evidence to overcome Larkin’s self-defense claim and that Larkin was not deprived of fair notice. Justice Steven David dissents with separate opinion, arguing that the acquittal of his crimes should be upheld. 

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Opinions Sept. 13, 2021

7th Circuit Court of Appeals
Christopher Harris v. United States of America
19-3363
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Jane Magnus-Stinson.
Criminal. Affirms the U.S. District Court for the Southern District of Indiana did not err in denying habeas corpus relief to Christopher Harris. Finds Harris’ counsel was not ineffective, and it was objectively reasonable for them to pursue a 20-year sentence.

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Opinions June 24, 2021

Indiana Court of Appeals
Kennic T. Brown v. State of Indiana
20A-CR-2261
Criminal. Affirms the denial of Kennic Brown’s motion to dismiss his charge of Level 6 felony battery against a public safety officer. Finds the disciplinary action taken by the Indiana Department of Correction against Brown for his conduct violation does not preclude the state’s criminal prosecution of him for the same act. Also finds Brown’s motion to dismiss the criminal charge against him on double jeopardy grounds was correctly denied.

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Stafford: Crooked Lake, St. Joe judicial bill merits a veto

| Dave Stafford

A parade of attorneys from Lake and St. Joe counties testified against House Bill 1453. Most spoke in disbelief that this was happening without any prior consideration. They explained why they had taken their time and traveled all the way down to Indianapolis, some twice, to tell lawmakers why this is a bad idea and why the current judicial nominating system works. It was enough to give any reasonable person pause. But this is the Indiana Legislature we’re talking about.

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Perry and Cahr: Important new laws will have ripple effect for IP owners, practitioners

A final surprise for 2020 emerged from December’s marathon omnibus spending and COVID-19 relief negotiations. Congress included a trio of notable and hotly debated intellectual property measures in its multi-trillion-dollar spending and relief package which could fundamentally alter the manner in which intellectual property owners protect and enforce their rights.

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