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IndyBar: Channeling Our Inner Mandela: 2021 Indianapolis Bar Foundation Day of Giving

September 29, 2021 | From IndyBar and Julian Harrell

As we approach the Indianapolis Bar Foundation Day of Giving this year, we can draw inspiration from Nelson Mandela and have absolute certainty that our gifts, entrusted to the IndyBar Foundation, will continue to hit the mark during these particularly volatile times.

IndyBar Sections and Divisions Need You: Apply to Serve on a Committee!

September 29, 2021 | From IndyBar

As 2021 ticks to a close, IndyBar sections and divisions are in the process of evaluating their committee rosters and determining vacancies for 2022. Now is the perfect time to indicate your interest in serving on a committee.

Opinions Sept. 28, 2021

September 28, 2021

Indiana Court of Appeals
Phillip Beachey v. State of Indiana
20A-CR-2121
Criminal. Vacates and remands the Elkhart Superior Court’s order denying modification to Phillip Beachey’s bond. Finds the trial court abused its discretion in not conducting a pretrial risk assessment report pursuant to Indiana Criminal Rule 26 and Indiana Code § 35-33-8-3.8.

IU McKinney to host symposium on gun law, violence

September 28, 2021 | IL Staff

The Indiana University Robert H. McKinney School of Law on Friday will host national gun law and gun violence experts at a symposium exploring state governments’ responses to increasing gun violence across the United States.

Man loses argument that COVID-19 shouldn’t have delayed his trial

September 28, 2021 | Marilyn Odendahl

A man accused of murder, who argued his right to a speedy trial was violated when the Morgan Superior Court delayed his hearing because of the COVID-19 pandemic, wasn’t able to get himself discharged from jail after the Indiana Court of Appeals found the public health emergency was sufficient to uphold the postponement.

COA: Reasonable probability phone belonged to Indy man in drive-by shooting case

September 28, 2021 | Katie Stancombe

The admission of a cellphone confiscated at the same time an Indianapolis man was arrested for aiding a criminal in a drive-by shooting was not an error, the Indiana Court of Appeals ruled Tuesday in affirming his felony conviction.

Justices will hear arguments in breach of insurance contract, murder-for-hire cases

September 28, 2021 | IL Staff

Indiana Supreme Court justices are set to hear oral argument in two cases next week, including a dispute that split an appellate panel earlier this year over a breached insurance contract and a Scott County murder-for-hire.

COA: Trial court failed to meet pretrial risk assessment requirements

September 28, 2021 | Jordan Morey

A trial court abused its discretion when it denied an Elkhart County man’s motion to reduce bail because it failed to order and consider the results of a pretrial risk assessment report, the Indiana Court of Appeals has ruled.

State: Unvaccinated make up huge percentage of COVID deaths, hospitalizations

September 28, 2021 | Indianapolis Business Journal Staff

New statistics released Monday by the Indiana State Department of Health show that a huge percentage of those who have recently died or been hospitalized with COVID-19 were unvaccinated.

Critics say Indiana redistricting dilutes minority influence

September 28, 2021 | Associated Press

Critics on Monday assailed the proposed new Indiana congressional and legislative districts as rigged in favor of Republicans, alleging they dilute the influence of minority voters.

Jan. 6 trials slowed by mounting evidence in US Capitol riot

September 28, 2021 | Associated Press

In the nearly nine months since Jan. 6, federal agents have tracked down and arrested more than 600 people across the United States believed to have joined in the riot at the U.S. Capitol. Getting those cases swiftly to trial is turning out to be an even more difficult task.

John Hinckley, who shot Reagan, to be freed from oversight

September 28, 2021 | Associated Press

A federal judge said Monday that John Hinckley Jr., who tried to assassinate President Ronald Reagan four decades ago, can be freed from all remaining restrictions next year if he continues to follow those rules and remains mentally stable.

COA finds juvenile court has jurisdiction over 8-year-old child molestation accusation

September 27, 2021 | Marilyn Odendahl

The Indiana Court of Appeals was able to forgo having to choose a side in a knotty policy argument by citing state statute which gave the juvenile court jurisdiction in a case of alleged child molestation that didn’t come to light until the accused offender was over 18 years of age.

Former Rep. Messer jumps to Bose Public Affairs Group

September 27, 2021 | Indianapolis Business Journal Staff

Former U.S. Rep. Luke Messer has left law firm Faegre Drinker to join Indianapolis-based Bose Public Affairs Group LLC, where he will counsel corporate clients in Indiana and in Washington, D.C., on governmental matters.

COA tosses Level 2 felony because burglar was unarmed at time of entry

September 27, 2021 | Marilyn Odendahl

The Court of Appeals has partially overturned a Madison County man’s criminal conviction, finding that even though he threatened his partially-paralyzed victim with a handgun, he did not commit a Level 2 felony of burglary while armed because he did not have the weapon when he broke into the home.

Amended statute of limitations helps, hurts man charged with sexual misconduct with a minor

September 27, 2021 | Olivia Covington

A man charged with multiple counts of sexual misconduct with a minor has successfully appealed for the dismissal of some of those charges — but only as it relates to alleged offenses that fell outside a statute of limitations period that was changed before the charges were filed.

Opinions Sept. 27, 2021

September 27, 2021

Indiana Court of Appeals 

Zachary Fix v. State of Indiana
20A-CR-1566
Criminal. Affirms and reverses in part Zachary Fix’s convictions of Level 2 felony burglary while armed with a deadly weapon, Level 5 felony robbery and Level 6 felony theft. Finds the state did not present sufficient evidence to prove Fix committed Level 2 felony burglary while armed with a deadly weapon because Fix was not armed when he broke and entered the burglarized building. Also finds that Fix can be convicted of both burglary and robbery without violating the Indiana Constitution’s prohibition against double jeopardy. Remands with instructions for the Madison Circuit Court to vacate Fix’s conviction of Level 2 felony burglary and enter convictions of Level 3 felony armed robbery and a lower-level burglary offense and to resentence him.

Parents with physical, mental, legal troubles lose appeal of CHINS ruling

September 27, 2021 | Olivia Covington

A mother who was twice banned from the hospitals where her son was being treated and a father who was found passed out and drunk on the lawn of their temporary housing failed in their challenge to the adjudication of the severely ill son as a child in need of services.

COA says defendant has to pursue claims through post-conviction proceedings

September 27, 2021 | Marilyn Odendahl

A man who represented himself at his probation revocation hearing for driving without a license hit a roadblock when he tried to go directly to the Indiana Court of Appeals and argue he did not knowingly, intelligently and voluntarily waive his right to counsel.

Two jailed after attempted kidnapping of child in Kokomo store

September 27, 2021 | Associated Press

Two people have been arrested after one of them allegedly tried to take a 1-year-old child from a shopping cart in a central Indiana Walmart store.

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In This Issue

  • Training aims to boost ranks of sexual assault nurse examiners

  • Barnes & Thornburg LLP’s expanded finance, government team gives firm more breadth

  • The Indiana Lawyer names 2026 Leadership in Law class

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  • Ex-Ball State employee settles with university president over First Amendment case

  • RICO suit vs. Lilly could reap billions if successful

  • Judge spares Baer death penalty, resentences killer to life in prison

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