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Opinions May 6, 2021

May 6, 2021

Indiana Court of Appeals
Juventino V. Ramirez v. State of Indiana (mem. dec.)
20A-CR-1982
Criminal. Affirms Juventino V. Ramirez’s conviction of Level 4 felony child molesting. Finds the Allen Superior Court’s rulings on Ramirez’s discovery requests were not an abuse of discretion, nor did they violate his constitutional rights. Also finds the trial court did not abuse its discretion when it denied Ramirez’s motion for a continuance, did not allow him to make an offer of proof of a recording of a forensic interview, allowed a witness to give vouching testimony or in instructing the jury. Finally, finds that even if the trial court abused its discretion in allowing vouching testimony or hearsay, the error was harmless.

Hamilton County to get new court, 4 counties to get new magistrates

May 6, 2021 | Olivia Covington

Five Indiana counties will get additional judicial resources after Gov. Eric Holcomb signed legislation allowing for additional magistrates and courts. One county, however, will lose a court that had previously been approved.

Holcomb signs bill recognizing Pokagon tribal courts

May 6, 2021 | Olivia Covington

Indiana courts will soon be required to recognize court orders from the Pokagon Band of the Potawatomi Indians after Gov. Eric Holcomb signed a bill extending full faith and credit to the tribal courts.

IndyBar Foundation offering solo/small firm grants again in 2021

May 6, 2021 | IL Staff

The Indianapolis Bar Foundation is once again offering up to $2,500 to lawyers who work with local service providers to help central Indiana families in need of legal services related to the COVID-19 pandemic.

ATF to help Gary authorities investigate suspicious fires

May 6, 2021 | Associated Press

The federal Bureau of Alcohol, Tobacco, Firearms and Explosives will help the Gary police and fire departments investigate a series of recent suspicious fires, authorities said.

Father of drowned brothers pleads guilty to neglect charges

May 6, 2021 | Associated Press

An Indiana man pleaded guilty Wednesday to two counts of neglect of a dependent resulting in serious bodily injury in the drownings of his two sons.

Judge temporarily stays ruling against CDC eviction moratorium

May 6, 2021 | Associated Press

A federal judge has temporarily stayed an order that found the Centers for Disease Control and Prevention exceeded its authority when it imposed a federal eviction moratorium to help stop the spread of the coronavirus.

Democrats revise voting bill but Senate obstacles remain

May 6, 2021 | Associated Press

Democrats are revising key sections of their sweeping legislation to overhaul U.S. elections, hoping to address concerns raised by state and local election officials even as they face daunting odds of passing the bill through Congress.

Biden repeals Trump-era rule on gig workers

May 6, 2021 | Associated Press

The Biden administration nullified a Trump-era rule Wednesday that would have made it easier to classify workers as independent contractors, blocking a change supported by delivery and ride-hailing services.

Ponzi schemer Cochran escalates fight for early release on COVID grounds

May 6, 2021 | Greg Andrews, Indianapolis Business Journal

Jim Cochran, the former Indianapolis businessman serving a 25-year prison term for his role in the massive Fair Finance Ponzi scheme, is asking a Chicago appeals court for early release on the grounds that his health problems could make contracting COVID-19 lethal and that he has undergone a religious conversion that no longer makes him a risk to society.

Lawmakers to return to Statehouse with chance to override two vetoes

May 5, 2021 | Indianapolis Business Journal Staff

Lawmakers are set to return to the Indiana Statehouse on Monday to make technical corrections — a session in which they could also vote to overturn two vetoes by Gov. Eric Holcomb.

Justices reject appeal to make public Indianapolis’ Amazon HQ2 offer

May 5, 2021 | IL Staff

The Indiana Supreme Court has declined to hear an appeal from a tax trade publication that sought disclosure of tax dollars and incentives Indianapolis and the state offered Amazon in the city’s failed attempt to lure the online retail giant’s coveted second headquarters project known as HQ2.

Opinions May 5, 2021

May 5, 2021

The following Indiana Supreme Court opinion was posted after IL deadline Tuesday:
Zachariah Brian Wright v. State of Indiana
20S-LW-260
Life without parole. Affirms the denial of Zachariah Brian Wright’s request to self-represent, and his sentence of life without the possibility of parole plus 18 years for his convictions of murder, Level 3 felony criminal confinement, Level 6 felony theft, Level 5 felony burglary and Level 2 felony attempted burglary. Finds that Wright’s waiver of the right to counsel was knowing and voluntary, but because his waiver was neither unequivocal nor intelligent, the Boone Superior Court properly denied his request. Also finds Wright’s sentence was not inappropriate in light of the nature of his offenses or his character. Remands for the correction of a minor oversight in the sentencing order. Justice Mark Massa concurs in result with separate opinion. Justice Geoffrey Slaughter dissents with separate opinion.

Eastern Indiana woman gets 55 years in slaying of child’s father

May 5, 2021 | Associated Press

A judge sentenced an eastern Indiana woman to 55 years in prison Tuesday after a jury convicted her of murder in the shooting death of her child’s father.

COA rejects challenge to text message evidence, upholds meth dealing conviction

May 5, 2021 | Olivia Covington

A man convicted of dealing meth based largely on text messages failed to convince the Indiana Court of Appeals that the messages were improperly admitted at his trial.

Biden touts $28.6B restaurant relief program, orders tacos

May 5, 2021 | Associated Press

Setting foot in a restaurant for his first time as president, Joe Biden made a Cinco de Mayo taco and enchilada run to highlight his administration’s $28.6 billion program to help eateries that lost business because of the coronavirus pandemic.

Facebook board upholds Trump ban, just not an indefinite one

May 5, 2021 | Associated Press

Former President Donald Trump won’t return to Facebook — at least not yet. Four months after Facebook suspended Trump’s accounts for inciting violence that led to the deadly Jan. 6 Capitol riot, the company’s quasi-independent oversight board upheld the bans but told Facebook to specify how long they would last.

Split Supreme Court upholds denial of LWOP defendant’s pro se request

May 5, 2021 | Olivia Covington

A Boone County murder defendant convicted and sentenced to life without parole failed to convince a majority of the Indiana Supreme Court that the trial court improperly denied his request to proceed pro se. The majority provided an analysis for considering pro se requests in capital and LWOP sentences, but minority justices raised concerns about the majority “till(ing) new constitutional soil.”

Former Marion Superior Judge Moores certified as senior judge

May 5, 2021 | IL Staff

Longtime Marion County juvenile judge Marilyn Moores has been certified as a senior judge following her retirement last year.

Local refugee organizations prepare to rebuild after Biden raises cap

May 5, 2021 | Leslie Bonilla Muñiz, Indianapolis Business Journal

Only 21 refugees have been resettled to Indiana so far this fiscal year, in the midst of a global pandemic and a historically low federal annual cap on the number of refugees allowed in the United States. On Monday, the Biden administration quadrupled that limit, from 15,000 to 62,500, effective May 15.

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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?

  • Mediator picked to help settle disciplinary case against AG Todd Rokita

  • State judiciary is considering alternative exam for bar admission

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