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.
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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.
12/29 – Who’s Zoomin’ Who? Virtual vs. In-Person Mediations (webinar)
Speakers: Amy Applegate, Indiana University Maurer School of Law Elisabeth Edwards, Wanzer Edwards PC Richard Mann, Mann Law PC Holly Wanzer, Wanzer Edwards PC Date: Wednesday, December 29, 2021 Time (local time): noon – 1:00 p.m. Credit hours: 1.0 General CLE / CME Cost: $50 IndyBar members $100 non-IndyBar members Click here or go to […]
12/29 – 11th Hour Video Replay CLEs (Indianapolis)
The 11th Hour Video Replays are one-hour video selections of the IndyBar’s CLEs from 2021–view one or view several! Each video is for 1 Hour General CLE credit unless otherwise noted. Brown bag lunches are welcome. 9 to 10 a.m.: The Impact of Forensic Science on Wrongful Convictions, hour 1 (originally presented 9/22/21) 10 to […]
12/28 – 11th Hour Video Replay CLEs (Indianapolis)
The 11th Hour Video Replays are one-hour video selections of the IndyBar’s CLEs from 2021–view one or view several! Each video is for 1 Hour General CLE credit unless otherwise noted. Brown bag lunches are welcome. 1 to 2 p.m.: Drafting and Planning for After-Death Dispositions of Retirement Account Assets under the SECURE Act (originally […]
12/23 – 11th Hour Video Replay CLEs (Indianapolis)
The 11th Hour Video Replays are one-hour video selections of the IndyBar’s CLEs from 2021–view one or view several! Each video is for 1 Hour General CLE credit unless otherwise noted. Brown bag lunches are welcome. 9 to 10 a.m.: Yeah, that Happenedor Did It? Creating a Complete Record for Judicial Review (originally presented 4/30/21) […]
12/22 – 11th Hour Video Replay CLEs (Indianapolis)
The 11th Hour Video Replays are one-hour video selections of the IndyBar’s CLEs from 2021–view one or view several! Each video is for 1 Hour General CLE credit unless otherwise noted. Brown bag lunches are welcome. 1 to 2 p.m.: The Intersection of Business Litigation and White-Collar Criminal Defense (originally presented 6/2/21) 2 to 3 […]
12/21 – 11th Hour Video Replay CLEs (Indianapolis)
The 11th Hour Video Replays are one-hour video selections of the IndyBar’s CLEs from 2021–view one or view several! Each video is for 1 Hour General CLE credit unless otherwise noted. Brown bag lunches are welcome. 9 to 10 a.m.: Time Management for Lawyers (originally presented 1/20/21) 10 to 11 a.m.: Pre-trial Motions and Practice […]
Chief Justice Rush sees growth, change in Supreme Court’s 2020-2021 report
During a Thursday conversation with Chief Justice Loretta Rush, the state’s highest judicial officer reflected on the 2020-2021 Annual Report of the Indiana Supreme Court and discussed what’s to come in the new year.
Opinions Dec. 17, 2021
Court of Appeals of Indiana
In the Matter of the Power of Attorney of Darlene DeHart, Jeff DeHart v. Darlene DeHart
21A-GM-1043
Guardianship, miscellaneous. Affirms the Johnson Superior Court’s denial of a petition by Jeff DeHart to release an accounting of his mother, Darlene’s, finances. Finds the order is in the best interests of Darlene. Also finds the trial court erred in having Jeff bear the burden of proof instead of Darlene, but holds it harmless. Finally, finds Darlene was competent in appointing her daughter, Christine, as attorney-in-fact, and she is entitled to privacy in the management of her finances.
7th Circuit revives complaints in Cook MDL
After Cook, Inc., had a pair of complaints dismissed from a multi-district litigation by arguing the opposite of what it had asserted against other complaints filed in the same MDL, the 7th Circuit Court of Appeals reinstated the two lawsuits, finding the switcheroo was not fair to the plaintiffs.