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Supreme Court seeks public comment on criminal, trial, appellate rule amendments

July 12, 2021 | IL Staff

The Indiana Supreme Court is seeking public comment on several proposed rule amendments that, among other things, could restructure the state’s criminal rules as well as provide guidance for service via online publication.

Opinions July 12, 2021

July 12, 2021

Indiana Court of Appeals
Marcos Leon v. State of Indiana (mem. dec.)
21A-CR-107
Criminal. Affirms the sentencing order entered after Marcos Leon pleaded guilty to Level 6 felony attempted voyeurism. Finds the Vanderburgh Circuit Court’s reasoning for declining to enter Leon’s conviction as a Class A misdemeanor was based on the circumstances of the crime, not because the state objected, so Leon failed to show there is a need for a remand. Also finds the trial court did not abuse its discretion by denying Leon’s request to enter his conviction as a misdemeanor.

Nominations for 2021 Leadership in Law Awards due Friday

July 12, 2021 | IL Staff

There is less than a week left to submit nominations for Indiana Lawyer’s 2021 Leadership in Law awards. All nominations must be submitted by Friday.

Inmates claim Indiana prison kept them in cruel conditions

July 12, 2021 | Associated Press

The lawsuits filed by the American Civil Liberties Union of Indiana claim the conditions at the maximum-security Miami Correctional Facility near Peru amounted to cruel and unusual punishment.

Man accused of killing Indiana cop hears charge in hospital

July 12, 2021 | Associated Press

A man accused of killing an Indiana police officer heard the charge Friday from a hospital bed where he is recovering from a shootout outside an FBI office.

State reports slight increase in Indiana abortions for 2020

July 12, 2021 | Associated Press

The number of abortions performed in Indiana grew slightly last year, with a new state report showing that drug-induced abortions made up a majority of the procedures for the first time.

Democrats craft voting bill with eye on Supreme Court fight

July 12, 2021 | Associated Press

As congressional Democrats gear up for another bruising legislative push to expand voting rights, much of their attention has quietly focused on a small yet crucial voting bloc with the power to scuttle their plans: the nine Supreme Court justices.

Review prompted by building collapse closes Miami courthouse

July 12, 2021 | Associated Press

The Miami-Dade County Courthouse will begin undergoing repairs immediately because of safety concerns found during a review prompted by the deadly collapse of a nearby condominium building, officials said.

COA Judge Altice joins cast in courtroom drama

July 9, 2021 | Marilyn Odendahl

Indiana Court of Appeals Judge Robert Altice will be part of the theatrical performance that examines the four murder trials of Indianapolis businesswoman Nancy Clem in the years following the Civil War.

Indiana health officials warn of outbreaks of COVID-19 variants, urge people to get vaccinated

July 9, 2021 | John Russell, Indianapolis Business Journal

Indiana continues to lag the nation in the percentage of people fully vaccinated against COVID-19 and is now seeing an outbreak of variants that are more infectious and can cause more severe illness.

Opinions July 9, 2021

July 9, 2021

Indiana Court of Appeals

D.W. v. State of Indiana (mem. dec.)
20A-JV-1811
Juvenile. Affirms the order waiving D.W. into adult court following the state’s petition alleging him to be a delinquent. Finds the juvenile court did not abuse its discretion in waiving D.W. into adult court given his history of sexually abusing multiple children since 2012.

Special prosecutor: No charges for Speedway officer in fatal shooting of fleeing man with mental illness

July 9, 2021 | IL Staff

A Speedway police officer will not face criminal charges for the fatal shooting of a Black man with a mental illness who was fleeing law enforcement, a special prosecutor announced Thursday.

Robing ceremony set for Lake Superior Judge Bokota

July 9, 2021 | IL Staff

The Lake County Bar Association will hold an in-person robing ceremony in honor of the newest judge of the Lake Superior Court later this month.

Teen delinquent sent to adult court for child molesting loses appeal of juvenile court waiver

July 9, 2021 | Olivia Covington

A man who as a minor was found to be a delinquent for multiple acts of sexual misconduct against children has lost his appeal of the waiver that sent him into adult court when he was 17.

Pfizer to seek OK for 3rd vaccine dose; shots still protect

July 9, 2021 | Associated Press

Pfizer is about to seek U.S. authorization for a third dose of its COVID-19 vaccine, saying Thursday that another shot within 12 months could dramatically boost immunity and maybe help ward off the latest worrisome coronavirus mutant.

Volkswagen to appeal emissions ruling to US Supreme Court

July 9, 2021 | Associated Press

At issue is the 2015 scandal in which the automaker was found to have rigged its vehicles to cheat U.S. diesel emissions tests.

Terre Haute man charged with murder of local police, FBI officer Ferency

July 8, 2021 | IL Staff

A Terre Haute man has been arrested and charged with premeditated murder following the shooting death of Terre Haute Police Detective and FBI Task Force Officer Gregory Ferency outside the FBI Resident Agency office in Terre Haute Wednesday.

Opinions July 8, 2021

July 8, 2021

Indiana Court of Appeals
Linda G. Holsten, individually and as surviving spouse of Paul A. Holsten, Deceased v. Lynn Faur, M.D., and Cameron Memorial Community Hospital, Inc. a/k/a Urgent Care of Cameron Hospital
20A-CT-2072
Civil tort. Vacates the Steuben Circuit Court’s entry of partial summary judgment to Cameron Memorial Community Hospital on the sepsis theory of Linda Holsten’s medical malpractice complaint. Finds the trial court lacked subject matter jurisdiction over the sepsis theory portion of Holsten’s claim because it was not presented to the medical review panel. Remands with instructions for the trial court to dismiss, without prejudice, the sepsis theory portion of her claim.

Appellate court declines to issue ‘advisory’ opinion in estate dispute

July 8, 2021 | Katie Stancombe

The Indiana Court of Appeals on Thursday granted rehearing in an estate case to reiterate that it does not issue advisory opinions.

COA vacates judgment for hospital, dismisses sepsis theory in widow’s med-mal complaint

July 8, 2021 | Katie Stancombe

A sepsis theory included in a widow’s medical malpractice claim has been ordered dismissed by the Indiana Court of Appeals after it found a Steuben County court lacked jurisdiction to enter partial summary judgment on that portion of the claim.

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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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