Indiana Court Decisions – July 15-28, 2021
Read Indiana appellate court decisions from the most recent reporting period.
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Branic and Roberson: Virtual discovery: New considerations in the new normal
As with any new workplace technology, the benefits come hand-in-hand with important considerations for organizations in terms of data retention and document preservation in the event of litigation. It is important that organizations — and their legal counsel — understand the impact this technology could have on future litigation.
Worse before better: Addiction experts express concern, anticipation as overdose deaths skyrocket
Isolation, economic anxiety and fear of the coronavirus were dangerous fruits of the COVID-19 pandemic, particularly for individuals struggling with a substance use disorder, experts say. Bundled together, those factors made for a devastating year of increased drug overdose deaths that reached an all-time nationwide high.
Hammerle on … “Werewolves Within” and “Summer of Soul”
Criminal defense lawyer Bob Hammerle reviews “Werewolves Within” and “Summer of Soul.”
Merger of GAL, CASA programs puts more eyes on kids
What began as a conversation 18 months ago culminated in May with the merger of the guardian ad litem and court appointed special advocates programs in Allen County, bringing together attorneys and volunteers to serve the abused and neglected children who are involved with the court system.
DTCI: Perspectives: COVID-19 and young lawyers
| BJ Brinkerhoff and From DTCI
While no one has been immune from the changes to our usual habits due to COVID, it struck me that younger attorneys, in particular first-year associates, did not really have the ability to learn and experience much of the practice of law that they were likely expecting.
Rokita loses first attempt at Indiana Supreme Court to stop governor’s lawsuit against General Assembly
The Indiana Supreme Court has denied Indiana Attorney General Todd Rokita’s emergency petition to halt a trial court from continuing proceedings in the governor’s lawsuit against the Legislature.
COA Judge Vaidik recovering, returning to work
Indiana Court of Appeals Judge Nancy Vaidik has resumed her caseload and is expected to attend upcoming court events after being injured while bicycling near her home in Porter County earlier this summer.
Opinions Aug. 3, 2021
Indiana Court of Appeals
Montel Ray Brooks v. State of Indiana (mem. dec.)
21A-CR-83
Criminal. Affirms Montel Brooks’ conviction of murder and an enhancement for the use of a firearm in the offense. Finds the Lake Superior Court did not clearly abuse its discretion in admitting challenged testimony, and any error in the admission of the testimony was harmless. Also finds the trial court did not abuse its discretion when it denied Brooks’ motions for a mistrial, and any such error would be harmless.
Hartford City senior apartments enter consent decree over allegations of Fair Housing Act violations
An apartment complex for older adults in Hartford City has reached a settlement with a former resident and the Fair Housing Center of Central Indiana over allegations the facility violated the federal Fair Housing Act by discriminating against individuals with disabilities.
St. Joseph County judge applications open following Chapleau retirement
| IL Staff
A judicial vacancy in Northern Indiana has prompted the St. Joseph County Judicial Nominating Commission to start the process of selecting a new superior court judge, the Indiana Supreme Court announced Friday.
Divided 7th Circuit reverses for Indiana over ‘abortion complications’ reporting statute
An Indiana statute requiring medical providers to report to the state complications “arising from” abortions is not unconstitutionally vague on its face, a split 7th Circuit Court of Appeals ruled in a Monday reversal. A dissenting judge, however, would uphold the injunction against the “incomprehensible” law.
Carmel council’s harassment investigation won’t include details of city settlement
A Carmel City Council investigation into a complaint of harassment against former city attorney Doug Haney will not include a subpoena that would make details of the city’s settlement with the accuser public.
Black man assaulted at Monroe Co. lake faces criminal charges
A Black man who said a group of white men assaulted him and threatened to “get a noose” at a southern Indiana lake is facing criminal charges more than a year after the confrontation that earlier led to charges against two of the alleged attackers.
Greenwood teen charged in shooting death of Indy Lyft driver
A teenager has been charged with murder after allegedly shooting a Lyft driver in the head and stealing his SUV in Indianapolis last month.
High court declines to hear church’s attack on COVID restrictions
The U.S. Supreme Court declined Monday to hear a lawsuit by a Maine church that sought to take a preemptive strike against future restrictions associated with a variant of the virus that’s spreading across the country.
Southern, Northern District Courts reinstate mask, social distancing mandates despite vaccination status
| IL Staff
Just two months after lifting the requirement, the Southern Indiana District Court is imposing restrictions mandating all individuals must again wear masks and social distance in public spaces in the district’s courthouses, regardless of their vaccination status, Chief Judge Tanya Walton Pratt announced in a Monday order.
Federal court dismisses claim by Conrad Hotel in downtown Indy for insurer to cover COVID-19 losses
An Indianapolis hotel that shut down temporarily – and at one point completely – last year due to plummeting occupancy rates during the height of the COVID-19 pandemic has struck out in a fight with its insurance company over a breached contract after a Southern Indiana District Court judge ruled for the insurer.
Opinions August 2, 2021
The following Indiana Tax Court opinion was posted after IL deadline on Friday.
Eric S. Morris v. Hamilton County Assessor
20T-TA-00019
Tax. Affirms the Indiana Board of Tax Review’s final determination that dismissed Eric Morris’ case for lack of subject matter jurisdiction. Finds Morris has not demonstrated to the Indiana Tax Court that the Indiana Board’s dismissal of his administrative appeals is arbitrary, capricious, an abuse of its discretion, or contrary to law. Finds Morris has not demonstrated that the tax court has subject matter jurisdiction over his appeals.
Parties in enhanced unemployment payment dispute argue ‘irreparable harm’ in COA briefs
A group of Hoosier workers and the state of Indiana are arguing over who will be hurt worse in the continued dispute over the flow of federal enhanced unemployment benefits that is now before the Indiana Court of Appeals.