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Opinions June 24, 2021

June 24, 2021

Indiana Court of Appeals
Kennic T. Brown v. State of Indiana
20A-CR-2261
Criminal. Affirms the denial of Kennic Brown’s motion to dismiss his charge of Level 6 felony battery against a public safety officer. Finds the disciplinary action taken by the Indiana Department of Correction against Brown for his conduct violation does not preclude the state’s criminal prosecution of him for the same act. Also finds Brown’s motion to dismiss the criminal charge against him on double jeopardy grounds was correctly denied.

Opinions June 24, 2021

June 24, 2021

Indiana Court of Appeals
Kennic T. Brown v. State of Indiana
20A-CR-2261
Criminal. Affirms the denial of Kennic Brown’s motion to dismiss his charge of Level 6 felony battery against a public safety officer. Finds the disciplinary action taken by the Indiana Department of Correction against Brown for his conduct violation does not preclude the state’s criminal prosecution of him for the same act. Also finds Brown’s motion to dismiss the criminal charge against him on double jeopardy grounds was correctly denied.

Finding error, COA reverses denial of tax sale

June 24, 2021 | Marilyn Odendahl

The deceased owner’s brother has lost possession of a 10-foot-wide vacant lot after the Indiana Court of Appeals found the trial court was “clearly erroneous” in finding the purchaser did not give proper notice.

Inmate’s discipline sanction doesn’t preclude criminal prosecution for same act, COA rules

June 24, 2021 | Katie Stancombe

Disciplinary sanctions imposed by the Indiana Department of Correction against a Miami County inmate for battering an officer did not constitute double jeopardy barring criminal prosecution, the Indiana Court of Appeals has ruled.

COA affirms denial of summary judgment to Howard Co. after botched 911 call

June 24, 2021 | Katie Stancombe

A genuine issue of material fact still exists on the willful or wanton exception to governmental immunity for the use of a 911 system in the case of mishandled Howard County emergency call that resulted in a woman’s death, the Indiana Court of Appeals has affirmed.

Geologist loses second wrongful-termination lawsuit against INDOT

June 24, 2021 | Marilyn Odendahl

A geologist who tried to detour around the summary judgment granted to the Indiana Department of Transportation in his wrongful-termination lawsuit was blocked by 7th Circuit Court of Appeals, which found he was trying to take a road he had already traveled.

Senate confirms Jackson-Akiwumi to 7th Circuit

June 24, 2021 | Marilyn Odendahl

In a 53-40 vote Thursday, the U.S. Senate confirmed Candace Jackson-Akiwumi to the 7th Circuit Court of Appeals, making her the first person of color to sit on that bench since Judge Ann Claire Williams, the first person of color to join that court, retired in 2018.

2 Gary men to plead guilty in slaying of delivery driver

June 24, 2021 | Associated Press

Two Gary men have agreed to plead guilty to federal charges in the slaying of a pizza delivery driver and admit that they lured the man to an abandoned house for a planned robbery.

CDC extends eviction moratorium a month, says it’s last time

June 24, 2021 | Associated Press

The Biden administration on Thursday extended the nationwide ban on evictions for a month to help millions of tenants unable to make rent payments during the coronavirus pandemic, but said this is the last time it plans to do so.

New York court suspends Rudy Giuliani’s law license

June 24, 2021 | Associated Press

An appeals court suspended Rudy Giuliani from practicing law in New York because he made false statements while trying to get courts to overturn Donald Trump’s loss in the presidential race.

No jail time in 1st riot sentence; Oath Keeper pleads guilty

June 24, 2021 | Associated Press

An Indiana woman on Wednesday became the first defendant to be sentenced in the Jan. 6 insurrection at the U.S. Capitol and avoided time behind bars, while a member of the Oath Keepers extremist group pleaded guilty in a conspiracy case and agreed to cooperate with prosecutors in a major step forward for the massive investigation.

High court rejects defendant’s vindictive-prosecution claim

June 24, 2021 | Associated Press

The U.S. Supreme Court has refused to hear an appeal from a Virginia drug dealer who is serving a 41-year murder sentence that he claims is the result of vindictive prosecution.

Youth minister charged with statutory rape, sexual battery

June 24, 2021 | Associated Press

A youth minister and former volunteer coach has been arrested in Tennessee on child sex charges, authorities said.

10/19 – Word Enlightenment – Mastering Microsoft Word in the Law Office (Indianapolis)

Click here for program details. Date: Tuesday, October 19, 2021 Time (Eastern): 9:00 am – 4:30 pm Credit hours: 6.0 CLE (NLS) Location: ICLEF Conference Facility 230 E. Ohio Street, 5th Floor, Indianapolis, IN 46204 Provider: ICLEF – Indiana Continuing Legal Education Forum Contact Information: ICLEF Phone: (317) 637-9102 www.iclef.org

10/14-15 – 19th Annual Family Law Institute (Indianapolis)

Click here for program details. Date: Thursday, October 14 – Friday, October 15, 2021 Time (Eastern): Day 1: 9:00 am – 4:30 pm Day 2: 9:00 am – 4:30 pm Credit hours: 12.0 CLE / 1.0 Ethics 12.0 Family Law Certification hours Location: ICLEF Conference Facility 230 E. Ohio Street, 5th Floor, Indianapolis, IN 46204 […]

10/7-8 – Elder Law Institute™ 2021 (Indianapolis)

Click here for program details. Date: Thursday, October 7 – Friday, October 8, 2021 Time (Eastern): Day 1: 9:00 am – 4:30 pm Day 2: 9:00 am – 4:30 pm Credit hours: 12.0 CLE Location: ICLEF Conference Facility 230 E. Ohio Street, 5th Floor, Indianapolis, IN 46204 Provider: ICLEF – Indiana Continuing Legal Education Forum […]

9/30-10/1 – Advanced Corporate Counsel 2021 (West Baden)

Click here for program details. Date: Thursday, September 30 – Friday, October 1, 2021 Time (Eastern): Day 1: 2:00 pm – 5:15 pm Day 2: 8:30 am – 11:45 am Credit hours: 6.0 CLE Location: West Baden Springs Resort 8538 W Baden Ave, West Baden Springs, IN 47469 Provider: ICLEF – Indiana Continuing Legal Education […]

9/29 – Thinking Inside the Box: Building Strong Relationships with Judges and Jurors (Indianapolis)

Click here for program details. Date: Wednesday, September 29, 2021 Time (Eastern): 9:00 am – 4:30 pm Credit hours: 6.0 CLE / 1.0 Ethics Location: ICLEF Conference Facility 230 E. Ohio Street, 5th Floor, Indianapolis, IN 46204 Provider: ICLEF – Indiana Continuing Legal Education Forum Contact Information: ICLEF Phone: (317) 637-9102 www.iclef.org

9/21-22 – 43rd Indiana Law Update™ (Indianapolis)

Click here for program details. Date: Tuesday, September 21 – Wednesday, September 22, 2021 Time (Eastern): Day 1: 9:00 am – 4:45 pm Day 2: 9:00 am – 4:45 pm Credit hours: 12.0 CLE / 1.0 Ethics Location: Indiana Convention Center, 500 Ballroom 100 S. Capitol Avenue, Indianapolis, IN 46225 Provider: ICLEF – Indiana Continuing […]

8/26 – The Ethics Triangle (Terre Haute)

Click here for program details. Date: Thursday, August 26, 2021 Time (Eastern): 1:15 pm – 4:30 pm Credit hours: 3.0 CLE / 3.0 Ethics Location: Holiday Inn Terre Haute 3300 US Highway 41 South, Terre Haute, IN 47802 Provider: ICLEF – Indiana Continuing Legal Education Forum Contact Information: ICLEF Phone: (317) 637-9102 www.iclef.org

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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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