2021 in review: Top 10 Stories
| IL Staff and Jordan Morey and Olivia Covington
Here’s a look at the top stories reported on by Indiana Lawyer in 2021, as voted on by the IL staff.
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New Albany officer pleads guilty to misconduct, will resign
A southern Indiana police officer has pleaded guilty to official misconduct and agreed to resign from the department after allegedly having a sexual relationship with a police informant.
Anti-SLAPP motion sinks in defamation lawsuit brought by scuba school owners
A man who was hit with a defamation lawsuit after he accused a business and business owner of forging paperwork submitted for his diving certification cannot shield himself with the state’s anti-SLAPP statute after the Court of Appeals of Indiana determined his right to free speech had not been sunk.
Opinions Dec. 21, 2021
Court of Appeals of Indiana
Paul C. Burris III v. Bottoms Up Scuba-Indy, LLC, Michael Ellis and Renata Ellis
21A-CT-570,
Civil Tort. Affirms denial of Paul Burris’ anti-SLAPP motion to dismiss the complaint filed against him asserting claims of defamation and tortious interference. Holds the Montgomery Superior Court did not err in finding Burris failed to meet the first of two requirements needed to show the anti-SLAPP statute applied. Ruled Burris’ report to PADI about his own paperwork and his allegation that Ellis may have forged the doctor’s signature on the certification paperwork were not in furtherance of his right to free speech and not in connection with a public issue
7th Circuit affirms prison sentence for ex-Lake County sheriff Buncich
A former Lake County sheriff convicted of wire fraud and bribery will not have his 12-plus-year federal prison sentence reduced after the 7th Circuit Court of Appeals rejected his appeal.
Evansville attorney suspended for check deception
| IL Staff
An Evansville attorney has been suspended from the practice of law after pleading guilty to check deception, the Indiana Supreme Court has announced.
Former deputy prosecutor suspended for battery conviction
| IL Staff
A former Marion County deputy prosecutor convicted of battery has been suspended from the practice of law in Indiana for 120 days.
U.S. Navy sending team to Methodist Hospital to help with rising COVID-19 cases
Federal officials are sending a 20-person U.S. Navy team to Methodist Hospital in Indianapolis to help relieve overwhelmed staffers at Indiana’s largest hospital.
Indiana hospitals make plea to Hoosiers: ‘The situation is dire’
Warning that they are running out of beds and the situation is getting critical, three large hospital systems in central Indiana are pleading with Hoosiers to get vaccinated, boosted, tested and wear masks.
Couple helps catch man wanted in boy’s fatal hit-and-run
A couple who allowed a man to spend a night in their trailer called Indianapolis police after learning that he was wanted for a hit-and-run that killed an 11-year-old boy.
Opinions Dec. 20, 2021
Court of Appeals of Indiana
Michael C. Niccum v. State of Indiana
21A-CR-1533
Criminal. Reverses the Vigo Superior Court’s omission of Michael Niccum’s credit time from its calculation of his sentence following the revocation of his probation. In a question of first impression, finds the calculation of good time credit is a function of the defendant’s accrued time. Remands with instructions for the court to award to Niccum three days of accrued time and one day of good time credit.
Indiana Supreme Court clears way for Vivo to take bench
| IL Staff
The Indiana Supreme Court has revoked the appointment of Senior Judge Jeffrey C. Eggers to serve on the Marion Circuit Court, effective Jan. 1, 2022. Magistrate Tiffany Vivo will be filling Sheryl Lynch’s seat on the bench.
‘Hostile housing environment’ claim survives summary judgment in lawsuit against HOA
A federal court is allowing a lawsuit alleging an Indianapolis homeowners association and its property management company knew of race-based harassment in the Twin Creeks subdivision and failed to take legal action to stop the problematic neighbor from using offensive language and making threats.
COA finds calculation of good time credit is function of accrued time
The Court of Appeals of Indiana has reversed for a Vigo County man who was denied any credit for the time that he was in jail pending the revocation of his probation.
Clay County officials sued over ‘lack of transparency’ regarding possible jail expansion
A not-for-profit practice representing a coalition of immigrant-rights groups has filed a lawsuit against Clay County officials, alleging the county’s commissioners, county council and sheriff’s office have all failed to provide transparency in developing plans for a possible expansion of the Clay County Justice Center, which houses U.S. Immigration and Customs Enforcement detainees.
Justices affirm woman’s LWOP sentence in murder-for-hire case
Indiana Supreme Court justices have affirmed a woman’s life sentence for her role in the murder of a family member, finding sufficient evidence to support her sentences and convictions.
Manchin upends Biden’s agenda, won’t back $2 trillion bill
Democratic Sen. Joe Manchin all but delivered a death blow to President Joe Biden’s $2 trillion domestic initiative, throwing his party’s agenda into jeopardy, infuriating the White House and leaving angry colleagues desperate to salvage what’s left of a top priority.
EXPLAINER: Must employers follow Biden’s vaccine mandates?
Tens of millions of workers across the U.S. are in limbo as federal courts have issued different rulings related to President Joe Biden’s COVID-19 vaccine mandates for larger private companies, certain health care workers and federal government contractors.
COVID-19 omicron variant confirmed in 1st Indiana patient
Tests have confirmed Indiana’s first known case of the COVID-19 omicron variant, state health officials announced Sunday.
Man charged after crash kills Fort Wayne woman inside home
A man has been charged in a 2020 crash that killed a Fort Wayne woman inside her home.