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Report: Most federal election security money remains unspent

August 26, 2021 | Associated Press

Congress provided hundreds of millions of dollars to shore up the nation’s election system against cyberattacks and other threats, but roughly two-thirds of the money remained unspent just weeks before last year’s presidential election.

Feds report most rental assistance has still not gone out

August 26, 2021 | Associated Press

States and localities have only distributed 11% of the tens of billions of dollars in federal rental assistance, the Treasury Department said Wednesday, the latest sign the program is struggling to reach the millions of tenants at risk of eviction.

Opinions Aug. 25, 2021

August 25, 2021

Indiana Court of Appeals
James M. Prater, III v. Harris & Sons Landscaping, LLC
21A-SC-7
Small claims. Affirms the Marion County Small Claims Court’s award of damages and attorney fees following its judgment for James M. Prater III on his claim against Harris & Sons Landscaping LLC. Finds Prater has not shown that the $300 attorney fee award is either contrary to the logic and effect of the facts and circumstances before the small claims court or that it misinterpreted the law.

Hammond man convicted in slayings of woman, her son, 13

August 25, 2021 | Associated Press

A northwest Indiana man has been convicted in the fatal shootings of a Gary woman and her 13-year-old son who were slain in their home during a 2019 robbery.

Charleston church shooter’s death sentence upheld

August 25, 2021 | Associated Press

A federal appeals court Wednesday upheld Dylann Roof’s conviction and death sentence for the 2015 racist slayings of nine members of a Black South Carolina congregation, saying the legal record cannot even capture the “full horror” of what he did.

COA: State cannot change adopted female’s age

August 25, 2021 | Marilyn Odendahl

While the state failed in its attempt to reinstate criminal charges against a couple who adopted then abandoned a female who they believed was actually an adult, the Indiana Court of Appeals has another option for prosecuting the defendants.

COA affirms denial of $8K attorney fee award in small claims case

August 25, 2021 | Katie Stancombe

The Indiana Court of Appeals has affirmed the denial of a man’s request for $8,000 in attorney fees in a small claims case after roughly $350 was deducted from his paychecks for damaging a client’s property.

Steak ‘n Shake wins TRO against former franchisees for breach of noncompete

August 25, 2021 | Olivia Covington

Ex-proprietors of a group of Steak ‘n Shake restaurants must stop operating the former franchises under a new name after agreements between the Indianapolis-based restaurant chain and the ex-franchisees went south.

Corrections and Criminal Code committee to convene Thursday, study criminal justice reform

August 25, 2021 | IL Staff

Topics including appointed counsel at initial hearings and juvenile justice issues are on the agenda for this fall’s meetings of the Interim Study Committee on Corrections and Criminal Code.

5 finalists for St. Joseph Superior Court vacancy announced

August 25, 2021 | IL Staff

The St. Joseph County Judicial Nominating Commission has announced its five finalists to fill the vacancy left by retired St. Joseph Superior Court Judge David Chapleau.

Hate crimes hotline launched for Marion County residents

August 25, 2021 | IL Staff

A non-emergency hate crimes hotline has been launched to serve Hoosiers living in Marion County. The Marion County Prosecutor’s Office announced the new resource on Monday.

Man pleads not guilty in death of Marshall Co. girl

August 25, 2021 | Associated Press

A man pleaded not guilty Tuesday to a neglect charge in the death of an 11-month-old northern Indiana girl found dead in a wooded area.

Supreme Court orders ‘Remain in Mexico’ policy reinstated

August 25, 2021 | Associated Press and IL Staff

The Supreme Court says the Biden administration likely violated federal law in trying to end a Trump-era program that requires people to wait in Mexico while seeking asylum in the U.S.

Report details mishandling of police emergency system on 1/6

August 25, 2021 | Associated Press

U.S. Capitol Police didn’t adequately respond to frantic calls for help from officers when they pressed panic buttons on their radios seeking immediate backup as scores of rioters beat officers with bats, poles and other weapons, an inspector general’s report found.

Appellate court upholds summary judgment in multi-million-dollar insurer dispute

August 24, 2021 | Jordan Morey

The Indiana Automobile Insurance Plan was properly awarded summary judgment against an insurance company that did not notify it of a multi-million-dollar loss, the Indiana Court of Appeals has ruled.

Title IX case against IU Medical School officials continues to summary judgment

August 24, 2021 | Marilyn Odendahl

A Title IX lawsuit filed by a former student against the Indiana University School of Medicine and its top officials will be able to partially continue after a federal court allowed certain due process allegations arising from the expulsion to proceed.

Opinions Aug. 24, 2021

August 24, 2021

Indiana Court of Appeals
Trina M. Spainhower v. Smart & Kessler, LLC (f/k/a Smart Kessler & Lowe, LLC), Smart Kessler Lowe (a/k/a Smart & Kessler), John M. Smart, III, Douglas W. Kessler, and Brian K. Lowe
20A-SC-1629
Small claims. Affirms the Johnson Circuit Court’s denial of a fraud claim filed by Trina Spainhower against Smart & Kessler LLC based on the firm’s representation to her that a consultation would be with a licensed attorney belonging to the firm. Finds Spainhower’s claim was not a claim for legal malpractice because the misrepresentation occurred before she met with Matthew Boehning and did not occur within an attorney-client relationship. Also finds that Spainhower did not meet her burden of proof to show that the misrepresentation was made with an intent to deceive or a reckless ignorance of the truth, as required to prove fraud.

Columbus concrete company prevails in dispute with competitor, former employer

August 24, 2021 | Katie Stancombe

A ruling for concrete-industry employees in a breach of confidentiality dispute with their former employer has been affirmed by the Indiana Court of Appeals.

Appellate court allows evidence from rental vehicle in Vanderburgh Co. drug trial

August 24, 2021 | Olivia Covington

Evidence uncovered during the search of a rental vehicle can be admitted in a man’s Vanderburgh County drug trial, the Indiana Court of Appeals has ruled, finding that the defendant did not have a privacy interest in the rental at the time it was searched.

COA: Greenwood law firm didn’t commit fraud, but disciplinary grievances dismissed too quickly

August 24, 2021 | Jordan Morey and Olivia Covington

A Greenwood law firm did not commit fraud when an unlicensed representative consulted with an Indianapolis woman for legal services, the Indiana Court of Appeals has ruled. However, the appellate panel opined that disciplinary grievances filed as a result of the alleged fraud were dismissed too quickly.

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In This Issue

  • Is mid-decade redistricting legal? Indiana Democrats prepare court challenge

  • Immigrant detainees denied bond hearings under new ruling

  • Protests, speech on college campuses under federal, state scrutiny

Most Read
  • Howard County judge permanently banned from judicial service

  • Indiana attorney Zuckerberg sues Meta over accusations he’s impersonating Facebook founder

  • Will U.S. Supreme Court hear request to overturn landmark decision on same-sex marriage?

  • State judiciary is considering alternative exam for bar admission

  • Will Trump’s interest in reclassifying marijuana push Indiana toward legalization?

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