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Opinions May 21, 2021

May 21, 2021

Indiana Court of Appeals
James L. Mosley v. State of Indiana
20A-CR-02094
Criminal. Reverses the Ripley Circuit Court’s revocation of three years of James L. Mosley’s probation for his conviction of fraud, as well as its order that he spend those years in prison. Finds a no-contact order cannot be issued to protect a dead person and that Mosley’s probation cannot be revoked based on violation of that void order.

Indy attorney on probation after court finds ‘neglect’ in cases

May 21, 2021 | IL Staff

An Indianapolis attorney who neglected several of his criminal and termination-of-parental-rights cases has begun a three-year probationary period for his misconduct.

Justices suspend Indianapolis attorney for felony drug possession conviction

May 21, 2021 | IL Staff

Grant Helms, who has no prior disciplinary actions, was found guilty of possession of methamphetamine.

Commission announces second round of interviews for Kirsch vacancy

May 21, 2021 | IL Staff

The Indiana Judicial Nominating Commission will reconvene next month for a full day of interviews with the 12 candidates vying to succeed Judge James Kirsch on the Indiana Court of Appeals.

COA: No-contact order didn’t protect deceased victim

May 21, 2021 | Katie Stancombe

No-contact orders cannot be issued to protect dead people, the Indiana Court of Appeals ruled in a Friday reversal for a man who sent an apology letter to a deceased person he previously committed fraud against.

Indiana University mandates COVID-19 vaccination for fall semester

May 21, 2021 | IL and IBJ Staff

Indiana University announced Friday that all students, faculty and staff will be required to be fully vaccinated against COVID-19 before the fall semester.

Sotomayor: Americans need to take critical look at policing

May 21, 2021 | Associated Press

As communities nationwide are reexamining law enforcement practices, Supreme Court Justice Sonia Sotomayor says Americans should think critically about how they want police to interact with citizens.

Retired cop put in chokehold takes police case to high court

May 21, 2021 | Associated Press

A 70-year-old man arriving for dental work at the VA was put in a chokehold and thrown to the ground by federal police officers in an altercation that was caught on camera. The man, Jose Oliva, is asking the Supreme Court to revive his lawsuit and the justices could say what they’re going to do as early as Monday.

US jobless claims fall again as some states end federal aid

May 21, 2021 | Associated Press

Fewer Americans sought unemployment benefits last week — the latest encouraging sign for the rebounding U.S. economy — just as Republican-led states including Indiana are moving to cut off a federal benefit for the jobless.

Apple CEO poised to testify in antitrust case against app store

May 21, 2021 | Associated Press

The tech giant is counting on Tim Cook’s appearance to put the finishing touches on its defense against a case brought by Epic Games, maker of the popular video game Fortnite.

Fort Wayne man charged in death of toddler

May 20, 2021 | Associated Press

A Fort Wayne man has been charged in the death of his girlfriend’s toddler son, who authorities said was battered so badly an autopsy found that his heart had been ripped in half.

Opinions May 20, 2021

May 20, 2021

Indiana Court of Appeals
Paul M. Robey v. State of Indiana
20A-CR-2187
Criminal. Affirms Paul M. Robey’s conviction of Class 4 felony child molesting. Finds the video of the victim’s forensic interview was merely cumulative of B.B.’s testimony, so any error in publishing it was harmless.

Indiana among states suing Frontier for delivering slow internet

May 20, 2021 | Associated Press

The Federal Trade Commission and six states including Indiana are suing Frontier Communications for not delivering the internet speeds it promised customers and charging them for better, more expensive service than they actually got.

Supreme Court notebook: Justice Thomas remembers ‘rapid’ RBG

May 20, 2021 | Associated Press

In her last years on the Supreme Court, Justice Ruth Bader Ginsburg moved slowly. But Ginsburg, who died in September at age 87, was known for her speed at something: writing opinions.

Town workers who claim their conversations were illegally recorded lose appeal

May 20, 2021 | Olivia Covington

The case involves New Carlisle municipal employees who alleged city officials spied on them and violated the Indiana Wiretap Act.

Student’s arrest for racist post sparks free speech debate

May 20, 2021 | Associated Press

The arrest of a Connecticut high school student accused of posting racist comments about a Black classmate on social media is being supported by civil rights advocates, but free speech groups are calling it an unusual move by police that raises First Amendment issues.

Grandfather loses appeal of molesting conviction against granddaughter

May 20, 2021 | Olivia Covington

The grandfather had argued that a video of his granddaughter’s statement published at his trial was impermissible hearsay.

Fired Cathedral teacher appeals dismissal of his lawsuit against archdiocese

May 20, 2021 | Marilyn Odendahl

Joshua Payne-Elliott, a foreign language and social studies teacher, sued the archdiocese after his contract with Cathedral was terminated in June 2019.

Judicial panel opts not to make sanction recommendations for ex-magistrate banned from bench

May 20, 2021 | Katie Stancombe

The Indiana Commission on Judicial Qualifications is requesting that the law license of a former Hamilton County magistrate busted in a meth sting only be reinstated if he can maintain a sustained recovery and fully comply with the Judges & Lawyers Assistance Program.

Opinions May 19, 2021

May 19, 2021

Indiana Court of Appeals
Donnie Louis Sawyer v. State of Indiana
20A-CR-1446
Criminal. Reverses the order denying Donnie Louis Sawyer’s petition for depositions of two minors alleged to be victims of child molesting by Sawyer. Finds Indiana Code § 35-40-5-11.5 conflicts with the Indiana Trial Rules 26 and 30, so the provisions of the Trial Rules govern.

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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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