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Opinions April 22, 2021

April 22, 2021

Indiana Court of Appeals
Sarah Swingley v. City of Muncie, Ball State University, and Board of Trustees of Ball State University (mem. dec.)
20A-PL-1797
Civil plenary. Affirms the grant of summary judgment to Ball State University, its board of trustees and the city of Muncie on Sarah Swingley’s complaint filed after she was struck and run over by a pickup truck near the BSU campus. Finds the designated evidence does not reveal a genuine issue of material fact as to whether a duty was owed to Swingley by either BSU or by the city under applicable Indiana law. Also finds neither owed Swingley any duty recognized in Indiana. Finally, finds BSU and the city are entitled to judgment as a matter of law, and the Delaware Circuit Court did not err in granting summary judgment.

DC statehood approved by House as Senate fight looms

April 22, 2021 | Associated Press

A decades-long movement to reshape the American political map took a further step Thursday as the House of Representatives approved a bill to make the nation’s capital the 51st state.

Michelle Allen named Director of Office of Administrative Law Proceedings

April 22, 2021 | IL Staff

Michelle Allen, deputy director and general counsel of the Office of Administrative Law Proceedings, has been selected as the office’s new director, Indiana Gov. Eric Holcomb announced Thursday.

Kids’ Voice taking over GAL/CASA services after Child Advocates walks

April 22, 2021 | Marilyn Odendahl

Kids’ Voice of Indiana will be the sole operator of the guardian ad litem and court appointed special advocate programs for Marion County juvenile courts after Child Advocates, which had provided those services for decades, rejected the subcontract agreement the two organizations had been negotiating.

Bill restricting local officials’ health orders passes

April 22, 2021 | Associated Press

Indiana lawmakers voted Wednesday in favor of limiting the authority of county or city health departments by allowing local elected officials to overturn orders or enforcement actions issued during emergencies.

Supreme Court cuts back FTC power to seek ill-gotten gains

April 22, 2021 | Associated Press

A unanimous Supreme Court on Thursday cut back the Federal Trade Commission’s authority to recover ill-gotten gains, overturning a nearly $1.3 billion award against a professional race car driver who was convicted of cheating consumers through his payday loan businesses.

High court moves away from leniency for minors who murder

April 22, 2021 | Associated Press

After more than a decade in which the Supreme Court moved gradually toward more leniency for minors convicted of murder, the justices on Thursday moved the other way.

SCOTUS wants Indiana to respond to absentee voting suit

April 22, 2021 | Dave Stafford

U.S. Supreme Court justices want Indiana to justify its absentee voting restrictions and have formally requested the Indiana Attorney General’s Office to respond to a constitutional challenge after the state previously waived its right to reply.

FedEx facility near airport reopens following mass shooting

April 22, 2021 | Susan Orr, Indianapolis Business Journal

The FedEx Ground facility near Indianapolis International Airport reopened for business Wednesday, almost a week after the April 15 mass shooting at the site in which eight employees were killed. The company also has donated $1 million to a fund for victims.

Pelosi floats new proposal for bipartisan Jan. 6 commission

April 21, 2021 | Associated Press

House Speaker Nancy Pelosi is renewing her push for a bipartisan commission to investigate the Jan. 6 Capitol insurrection, floating a new proposal to Republicans that would evenly split the panel’s membership between the two parties.

COA: Guardian can deposit check but not exercise estate planning

April 21, 2021 | Olivia Covington

Although an adult guardian properly deposited a check after his ward died, the trial court did not err in denying the guardian’s request to exercise estate planning, the Indiana Court of Appeals has ruled.

Opinions April 21, 2021

April 21, 2021

Indiana Court of Appeals
In the Matter of the Guardianship of Donnell Lee Roberts, an Adult (now deceased), James Wesley Frady v. Patrick Hart
20A-GU-1837
Guardianship. Affirms the Hancock Superior Court’s denial of James Frady’s petition to exercise estate planning over the Estate of Donnell Roberts but reverses the trial court’s decision to sustain the state’s objection to Frady depositing a check as instructed after Roberts’ death. Finds that after termination of guardianship, Indiana Code § 29-3-12-1(e) permitted Frady to deposit a check as instructed. Also finds the trial court was not required to hold a hearing regarding estate planning before dismissing the petitions.

Taft announces pay hikes for first-year associates

April 21, 2021 | IL Staff

Taft Stettinius & Hollister has announced an annual raise of at least $10,000 for first-year associates at offices in Indianapolis and elsewhere in the Midwest.

Whistleblower blasts Biden pick for key DOJ job over deal in sex case

April 21, 2021 | Associated Press

President Joe Biden’s pick to lead the U.S. Justice Department’s criminal division is facing new scrutiny over a plea deal he brokered with a Louisiana district attorney who was accused of coercing sexual favors from as many as two dozen women.

 

4/29 – Expungement & the Impact of a Second Chance (virtual)

Speaker: Allie DeYoung, Neighborhood Christian Legal Clinic Click here for more information Date: Thursday, April, 2021 Time: 1:00 pm – 2:00 pm (Indianapolis time) Credit hours: 1.0 CLE Cost: $40 attorney $20 paralegal/law student Click here to register. Location: virtual via Zoom A link to the live CLE in Zoom will be emailed to registrants […]

Indiana woman reaches plea deal in baby’s meth-related death

April 21, 2021 | Associated Press

An eastern Indiana woman whose three-month-old son died last year from methamphetamine intoxication has agreed to plead guilty to a neglect charge in the infant’s death.

Indiana budget plan invests revenue bump in education, infrastructure

April 21, 2021 | Olivia Covington

An extra $2 billion in revenue has led to new and “historic” investments in education, small businesses and broadband, Indiana legislative and executive leaders announced Tuesday.

Justices publicly reprimand Greenfield, Indianapolis lawyers

April 21, 2021 | IL Staff

The Indiana Supreme Court has handed down public reprimands against two Indianapolis-area attorneys, including an action against a partner at a major law firm.

Sikh group wants probe of gunman’s possible supremacist link

April 21, 2021 | Associated Press

A Sikh civil rights organization called on law enforcement Tuesday to investigate whether a former FedEx employee who fatally shot eight people — four of them Sikhs — at a FedEx facility in Indianapolis last week had any ties to hate groups.

After George Floyd ex-cop’s conviction, AG Garland opens Minneapolis police probe

April 21, 2021 | Associated Press

Attorney General Merrick Garland is expected to announce that the Justice Department is opening a sweeping investigation into policing practices in Minneapolis a day after a former officer was convicted in the killing of George Floyd.

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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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