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Opinions Oct. 8, 2021

October 8, 2021

Indiana Court of Appeals
Lamar Bush v. State of Indiana (mem. dec.)
21A-CR-00842
Criminal. Affirms Lamar Bush’s convictions for Level 2 felony dealing in a narcotic substance and Level 2 felony dealing in methamphetamine. Finds sufficient evidence to support the dealing convictions.

12/9 – The Life and Times of 19th Century Federal Judges Jesse Lynch Holman & David McDonald (webinar)

Explore the life and times of the Hon. Jesse Lynch Holman (1835-1842) and the Hon. David McDonald (1864-1869) through excerpts of their own letters and diaries illuminating their fascinating judicial careers. Southern District of Indiana Court Historian Doria Lynch and Public Outreach Coordinator Mary Giorgio will provide historical context and discuss parallels and contrasts to […]

11/19 – Annual Roundtable: Federal Criminal Prosecutions & the Role of the U.S. Attorney (webinar)

Former U.S. Attorneys for the Southern District of Indiana will gather to converse about the roles they played in the criminal justice system during their time in office. The Hon. Sarah Evans Barker, herself a former U.S. Attorney, will serve as moderator. Click here for program details. Date: Friday, November 19, 2021 Time (Eastern): 2:00 […]

‘Restraint on marriage’ trust dispute granted transfer by justices

October 8, 2021 | IL Staff

Indiana Supreme Court justices have granted transfer in a case involving a sibling dispute over their late mother’s trust.

Holcomb undecided on appeal of emergency law ruling

October 8, 2021 | Associated Press

Indiana’s governor said Friday he’s waiting to decide on whether to continue his court fight against a new law giving state legislators more power to intervene during public health emergencies.

Poll finds 1 in 3 Americans would ‘do away with’ U.S. Supreme Court due to disagreeable rulings

October 8, 2021 | IL Staff

More than one-third of Americans aren’t satisfied with the U.S. Supreme Court and would even consider abolishing it, according to a study that shows the country’s distaste of its justice system has sharply increased in recent years.

Muncie attorney suspended after failure to communicate with client

October 8, 2021 | IL Staff

A Muncie attorney who failed to communicate with an incarcerated client for years before withdrawing representation from the inmate’s case has been suspended from the practice of law in Indiana for 120 days with automatic reinstatement.

Indiana judge declares mistrial in case of Black man’s death

October 8, 2021 | Associated Press

A hung jury has led to a mistrial in the murder trial of a white man accused of fatally shooting a young Black man in downtown Indianapolis last year during violence that followed protests over George Floyd’s death and police treatment of Black people.

IU to pay McRobbie additional $582,000 for consulting services, according to docs released by law prof

October 8, 2021 | Jordan Morey and Greg Weaver, Indianapolis Business Journal

Indiana University has agreed to pay former university President Michael McRobbie an additional $582,000 for agreeing to essentially clear his calendar for six months after his June 30 retirement so he could be available to the school if needed. The additional pay became public this week in blog posts by IU Maurer School of Law professor Steve Sanders.

Judge upholds Indiana emergency law challenged by governor

October 7, 2021 | Associated Press

A judge on Thursday upheld the increased power Indiana legislators gave themselves to intervene during public health emergencies, siding with them in a lawsuit filed by Gov. Eric Holcomb.

Hall Render’s longtime leader stepping down to become CEO of OrthoIndy

October 7, 2021 | John Russell, Indianapolis Business Journal

John Ryan, longtime head of Indianapolis-based law firm Hall, Render, Killian, Heath & Lyman, is stepping down Jan. 1 to become CEO of OrthoIndy, one of the region’s largest orthopedic practices.

Opinions Oct. 7, 2021

October 7, 2021

Indiana Supreme Court
Betty Miller, Individually and as Personal Representative of the Estate of John Allen Miller v. Laxeshkumar Patel, M.D., John Schiltz, M.D., Benjamin Coplan, M.D., Joseph Hill, M.D., Erik Fossum, M.D., Bradford Hale, M.D., Christine Tran, M.D., James Blickendorf, M.D., Robert McAllister, M.D., Sara Koerwitz, M.D., Timothy Held, PA, Community Health Network, Inc., d/b/a Community Howard Regional Health Hospital and Community Howard Behavioral Health, Community Physicians of Indiana, Inc., d/b/a Community Physician Network, Community Howard Regional Health, Inc., St. Joseph Hospital & Health Center, Inc., St. Vincent Health, Inc., Ascension Health, Inc., and Medical Associates, LLP
21S-CT-455
Civil tort. Reverses the denial of Betty Miller’s request to amend her complaint against several hospitals that treated her grandson under Indiana Trial Rule 15(C) to allege a violation of 42 U.S.C. § 1395dd, the Emergency Medical Treatment and Labor Act. Finds EMTALA’s statute of limitations does not preempt an amendment under Trial Rule 15(C). Finding the trial court must now consider whether the EMTALA claim arose out of the same conduct set forth or attempted to be set forth in the original complaint, remands for reconsideration of Miller’s motion. 

Indiana Supreme Court amends professional conduct, bar admittance and attorney discipline rules

October 7, 2021 | IL Staff

The Indiana Supreme Court has announced several amendments to the rules of professional conduct and rules for admission to the bar and discipline of attorneys, including a new rule and references to the Indiana Office of Admissions and Continuing Education.

Johnson makes history as new U.S. Attorney for Northern Indiana

October 7, 2021 | Marilyn Odendahl

Clifford Johnson was sworn in as U.S. Attorney for the Northern District of Indiana Wednesday morning, making him the first African American to hold the position.

COA reverses sexual battery conviction on issue of first impression, declines to broaden ‘unaware’ prong

October 7, 2021 | Katie Stancombe

The Indiana Court of Appeals has reversed a man’s sexual battery conviction for touching a woman multiple times after finding it relied on an overly broad interpretation of the sexual battery statute.

Justices reverse denial of claim against hospital in case tied to killing

October 7, 2021 | Katie Stancombe

The Indiana Supreme Court has reversed the denial of a woman’s claim against a hospital that discharged her grandson just before he murdered her husband, remanding for reconsideration of her motion to amend under Indiana Trial Rule 15(C).

Lawsuit alleges Old National Bank redlined against Blacks in Indianapolis

October 7, 2021 | Marilyn Odendahl

Old National Bank, headquartered in Evansville, has been accused in a federal lawsuit of redlining in the Indianapolis area by making disproportionally fewer mortgages to Blacks, closing branches in predominately Black neighborhoods, and providing Blacks with less information during the mortgage application process.

Pfizer asks US to allow COVID shots for kids ages 5 to 11

October 7, 2021 | Associated Press

Pfizer asked the U.S. government Thursday to allow use of its COVID-19 vaccine in children ages 5 to 11 — and if regulators agree, shots could begin within a matter of weeks.

Judge orders Texas to suspend new law banning most abortions

October 7, 2021 | Associated Press

A federal judge ordered Texas to suspend the most restrictive abortion law in the U.S., calling it an “offensive deprivation” of a constitutional right by banning most abortions in the nation’s second-most populous state since September.

2008 Mississippi River spill: Jeffersonville barge company to pay $6.6M

October 7, 2021 | Associated Press

An Indiana-based barge company responsible for a Mississippi River oil spill that significantly damage shoreline habitat in south Louisiana in 2008 has agreed to pay $2.1 million in damages and buy and preserve a wildlife habitat just miles from downtown New Orleans.

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In This Issue

  • New bail legislation aims to weigh due process and public safety

  • Efforts to boost judicial safety gain steam after shooting

  • Appeals court to hear arguments over accidental release of depositional evidence to jury

Most Read
  • Firing squad, gas execution methods move out of Indiana House committee

  • Kokomo couple get a combined 50 years in prison for dealing deadly drugs

  • Tippecanoe County judge, wife in stable condition after being shot at their home

  • Nominations being accepted for the 2024 Henry Hurst Judicial Assistance Award

  • Shooting of Tippecanoe County judge was gang-related hit, authorities say

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