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Opinions Feb. 19, 2021

February 19, 2021

7th Circuit Court of Appeals
United States of America v. Teria L. Anderson
19-2361
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Senior Judge Sarah Evans Barker.
Criminal. Vacates Teria Anderson’s conviction of distributing a controlled substance and her sentencing enhancement for serious bodily injury. Finds there is no evidence from which a rational trier of fact could conclude that Anderson aided and abetted the May 30, 2017, transaction between Frankie Ray and Ian Buchanan. Also finds the district court did not err in finding the two-level leadership enhancement applicable. Remands to the district court for resentencing on the conspiracy conviction without a serious-bodily-injury enhancement. 

Heroin dealer’s conviction vacated, resentencing ordered

February 19, 2021 | Dave Stafford

An Indianapolis heroin dealer who was sentenced to 25 years in prison after she was convicted of dealing that led to an overdose and conspiracy persuaded a federal appeals court that she should be resentenced and one of the charges against her vacated.

Appellate courts to hear med-mal, disability cases next week

February 19, 2021 | IL Staff

Indiana’s appellate courts are set to hear arguments next week in a case related to medical malpractice and one dealing with disability issues arising under Kentucky law.

Children’s Museum lawsuit over Drake moves ahead amid talks with developer

February 19, 2021 | Mickey Shuey, Indianapolis Business Journal

An effort by the Children’s Museum of Indianapolis to overturn the city’s designation of the Drake apartment building as a historic property has been transferred to federal court — even as the organization continues working with city officials on a plan to salvage the nearby building.

US lets in asylum-seekers stuck in Mexico, ends Trump policy

February 19, 2021 | Associated Press

After waiting months and sometimes years in Mexico, people seeking asylum in the United States are being allowed into the country starting Friday as they wait for courts to decide on their cases, unwinding one of the Trump administration’s signature immigration policies that President Joe Biden vowed to end.

Governor signs bill for Indiana COVID-19 lawsuit shield

February 19, 2021 | Associated Press

Indiana businesses and others now have broad protections from lawsuits by people blaming them for contracting COVID-19 under a new state law signed by Gov. Eric Holcomb.

Indiana voucher plan could take one-third of school funding boost

February 19, 2021 | Associated Press

More than one-third of the proposed state funding hike for Indiana schools could go toward the state’s private school voucher program under a Republican-backed plan that could boost the program’s cost by nearly 50% over the next two years.

3/19 – NAMI Indiana’s 18th annual Mental Health and Criminal Justice Summit (virtual)

Join us to learn about the latest initiatives regarding individuals with mental illness who come in contact with the Criminal Justice System. Workshop topics will include innovations in jail-based treatment, competency restoration, responding to veterans in crisis, the mental health consequences of synthetic drug use, the Assessment and Intervention Center, and a Lived Experience presentation. […]

Black Indiana lawmakers face Republican boos during debate

February 19, 2021 | Associated Press

Tempers flared among Indiana legislators during a debate Thursday when Black lawmakers were shouted down and booed by some Republicans and two House members had to be separated in a hallway.

3/30 – Immigration in 2021: Where We Are & A Look Ahead (virtual)

Speaker: Laura Pontius, immigration attorney, consultant and public speaker The immigration law and policy landscape shifted in major ways over the last few years under the Trump administration. Join Immigration Attorney Laura Pontius as we examine the changes that have been made as well as changes to expect in the years ahead under the Biden […]

3/12 – IRS Collections: The Collection Process and Collection Alternatives (virtual)

Speaker: Matthew Gaudin, attorney, Neighborhood Christian Legal Clinic Tax season is here! Join the Clinic’s Director of Tax and Economic Justice to explore important tax legal themes. This virtual CLE will discuss how the IRS collects outstanding tax liabilities and the process it uses. It will also discuss the following collection alternatives: (1) Installments Agreements; […]

Holcomb appoints new judge to Vanderburgh Superior Court

February 18, 2021 | IL Staff

A longtime private practitioner in a small Evansville law firm was appointed as judge of the Vanderburgh Superior Court on Thursday. Gov. Eric Holcomb announced the appointment of the new jurist who will succeed Judge Richard G. D’Amour upon his retirement in April. 

Suit: Siblings claim DCS knew of adoptive parents’ abusive past

February 18, 2021 | Marilyn Odendahl

Three adults who claim they were abused as children have filed a lawsuit against their adoptive parents as well as the Indiana Department of Child Services and the department’s county director and caseworkers, claiming the state agency and its employees were the “proximate cause of the shocking abuse” that the plaintiffs suffered.

Records: DNA links man to 1992 killing of Gary woman, girl, 4

February 18, 2021 | Associated Press

A Tennessee man charged in the July 1992 killings of an Indiana woman and her 4-year-old daughter was linked to the deaths by a new analysis of DNA collected from the mother’s body, court records show.

Opinions Feb. 18, 2021

February 18, 2021

Indiana Court of Appeals

Daniel Welbourne, et al. v. Betty Mays

20A-MI-01001

Miscellaneous. Remands for further proceedings an order of the Johnson Superior Court granting paternal grandmother Betty Mays overnight visitation rights. Finds that while there is some evidentiary support for grandparent visitation, there is an absence of particularized findings necessary to evaluate the propriety of the order. Remands for more particularized findings relative to the child and child’s relationship with Mays.

IU McKinney and Purdue unveil new joint degree program

February 18, 2021 | IL Staff

Indiana University Robert H. McKinney School of Law is partnering with Purdue University to create the first agricultural economics and law program in the nation, the Indianapolis law school has announced.

Lake County Bar: Judicial-selection bill an ‘abomination,’ ‘political power play’

February 18, 2021 | IL Staff

The Lake County Bar Association on Thursday issued the most damning rebuke to date of a bill in the Indiana General Assembly that would alter how judges in that county and St. Joseph County are selected. The northwest Indiana county’s bar called the bill “an abomination” and “a political power play by parties not even within Lake County to take even more power away from the people of Lake County in selecting their judges.”

Grandparent visitation order remanded in dispute with guardians

February 18, 2021 | Dave Stafford

A court order granting a Johnson County grandmother overnight visitation with her 4-year-old grandchild lacked the required statutory findings to support it, but the Indiana Court of Appeals in a first-of-its-kind ruling involving a child’s guardians found enough evidence to let the order stand while remanding for more conclusive findings.

Justices take up disputes over teachers contracts, online user data

February 18, 2021 | IL Staff

Members of the state’s highest court last week turned away nine cases on petition for transfer but agreed to hear arguments in three cases, including disputes over the legality of teacher contracts and two media companies’ litigation over the use of consumer data.

Newfields president resigns amid staff, community pushback

February 18, 2021 | Mickey Shuey, Indianapolis Business Journal

The president of Newfields resigned from his position Wednesday amid mounting staff and community criticism over a controversial job listing for the Indianapolis Museum of Art that described a need to attract a more diverse set of patrons while “maintaining the museum’s traditional, core, white art audience.”

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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

  • JLAP executive director Harrell retires, IN Supreme Court announces new director

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