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Opinions May 5, 2021

May 5, 2021

The following Indiana Supreme Court opinion was posted after IL deadline Tuesday:
Zachariah Brian Wright v. State of Indiana
20S-LW-260
Life without parole. Affirms the denial of Zachariah Brian Wright’s request to self-represent, and his sentence of life without the possibility of parole plus 18 years for his convictions of murder, Level 3 felony criminal confinement, Level 6 felony theft, Level 5 felony burglary and Level 2 felony attempted burglary. Finds that Wright’s waiver of the right to counsel was knowing and voluntary, but because his waiver was neither unequivocal nor intelligent, the Boone Superior Court properly denied his request. Also finds Wright’s sentence was not inappropriate in light of the nature of his offenses or his character. Remands for the correction of a minor oversight in the sentencing order. Justice Mark Massa concurs in result with separate opinion. Justice Geoffrey Slaughter dissents with separate opinion.

Eastern Indiana woman gets 55 years in slaying of child’s father

May 5, 2021 | Associated Press

A judge sentenced an eastern Indiana woman to 55 years in prison Tuesday after a jury convicted her of murder in the shooting death of her child’s father.

COA rejects challenge to text message evidence, upholds meth dealing conviction

May 5, 2021 | Olivia Covington

A man convicted of dealing meth based largely on text messages failed to convince the Indiana Court of Appeals that the messages were improperly admitted at his trial.

Biden touts $28.6B restaurant relief program, orders tacos

May 5, 2021 | Associated Press

Setting foot in a restaurant for his first time as president, Joe Biden made a Cinco de Mayo taco and enchilada run to highlight his administration’s $28.6 billion program to help eateries that lost business because of the coronavirus pandemic.

Facebook board upholds Trump ban, just not an indefinite one

May 5, 2021 | Associated Press

Former President Donald Trump won’t return to Facebook — at least not yet. Four months after Facebook suspended Trump’s accounts for inciting violence that led to the deadly Jan. 6 Capitol riot, the company’s quasi-independent oversight board upheld the bans but told Facebook to specify how long they would last.

Split Supreme Court upholds denial of LWOP defendant’s pro se request

May 5, 2021 | Olivia Covington

A Boone County murder defendant convicted and sentenced to life without parole failed to convince a majority of the Indiana Supreme Court that the trial court improperly denied his request to proceed pro se. The majority provided an analysis for considering pro se requests in capital and LWOP sentences, but minority justices raised concerns about the majority “till(ing) new constitutional soil.”

Former Marion Superior Judge Moores certified as senior judge

May 5, 2021 | IL Staff

Longtime Marion County juvenile judge Marilyn Moores has been certified as a senior judge following her retirement last year.

Local refugee organizations prepare to rebuild after Biden raises cap

May 5, 2021 | Leslie Bonilla Muñiz, Indianapolis Business Journal

Only 21 refugees have been resettled to Indiana so far this fiscal year, in the midst of a global pandemic and a historically low federal annual cap on the number of refugees allowed in the United States. On Monday, the Biden administration quadrupled that limit, from 15,000 to 62,500, effective May 15.

Supreme Court skeptical of low-level crack offender’s case

May 5, 2021 | Associated Press

Crack cocaine trafficking kingpins convicted more than a decade ago can ask courts to reduce their prison terms under a 2018 federal law. The Supreme Court on Tuesday sounded skeptical that people convicted of older low-level crack crimes can do the same.

Judge orders Justice Department to release Trump obstruction memo

May 5, 2021 | Associated Press

A federal judge has ordered the release of a legal memorandum the Trump-era Justice Department prepared for then-Attorney General William Barr before he announced his conclusion that President Donald Trump had not obstructed justice during the Russia investigation.

Holcomb vetoes bill that would cut power of local health officials

May 5, 2021 | John Russell, Indianapolis Business Journal

In another pushback against fellow Republicans, Gov. Eric Holcomb vetoed a bill on Tuesday that he said would have hampered the ability of local health officials to respond to emergencies.

Opinions May 4, 2021

May 4, 2021

Indiana Court of Appeals
National Collegiate Athletic Association v. Jennifer Finnerty, Individually and as Personal Representative of the Estate of Cullen Finnerty, and Carol Anderson, Individually, and as Personal Representative of the Estate of Neal Anderson, and Maura Solonoski, Individually, and as Attorney-In-Fact for Andrew Solonoski Jr.
20A-CT-1069
Civil tort. Dismisses the NCAA’s appeal of the denial of its protective order to quash the depositions of Mark Emmert, Donald Remy and Dr. Brian Hainline. Finds the NCAA’s repetitive motion for a protective order/motion to reconsider did not extend the time for an interlocutory appeal of the Marion Superior Court’s denial, so the appeal is untimely. Also finds there are no extraordinarily compelling reasons to consider the merits of the appeal. Judge Elizabeth Tavitas dissents with separate opinion.

Insurance covers in wrongful death truck crash, COA rules

May 4, 2021 | Olivia Covington

An endorsement to an insurance policy providing coverage for vehicles not specifically listed in the policy applied to a wrongful death dispute involving a trucker, the Indiana Court of Appeals has ruled.

Hospital indemnity claim against doctors subject to med-mal act, COA rules

May 4, 2021 | Olivia Covington

Indemnity claims brought by one health care provider against another are subject to the Indiana Medical Malpractice Act, the Indiana Court of Appeals ruled Tuesday, finding the language of the MMA is not limited to claims brought by patients or their representatives. The court issued its ruling in a case involving a dispute between a hospital and independent radiologists.

HUD complaints allege racial bias in Indianapolis home appraisals

May 4, 2021 | Marilyn Odendahl

The Fair Housing Center of Central Indiana and Indianapolis resident Carlette Duffy have filed fair housing complaints with the U.S. Department of Housing & Urban Development, alleging Duffy’s home was appraised at a lower value because she is African American.

NCAA bid to shield executives from concussion suit depositions dismissed

May 4, 2021 | Dave Stafford

Indianapolis-based NCAA’s appeal seeking to bar depositions of key executives in a concussion-injury lawsuit filed by the estates of former college football players was dismissed Tuesday. A divided Indiana Court of Appeals panel found the appeal untimely.

2 charged in dismemberment of Fort Wayne man appear in court

May 4, 2021 | Associated Press

Two men charged in the death and dismemberment of a 55-year-old man requested public defenders during their initial court appearances Tuesday.

SCOTUS denies juvenile LWOP sentence appeal in 1994 Ball State murder

May 4, 2021 | Dave Stafford

The United States Supreme Court waited exactly three years to reject the appeal petition of a defendant sentenced to life without parole for a murder he committed near Ball State University 27 years ago when he was 17.

Over Thomas’ dissent, SCOTUS rejects West Point rape appeal

May 4, 2021 | Associated Press

The U.S. Supreme Court on Monday rejected an appeal from a woman who says she was raped as a West Point cadet, with Justice Clarence Thomas alone arguing that the court should have heard her case.

Attorney suspended 90 days after second domestic violence conviction

May 3, 2021 | IL Staff

A Logansport lawyer who was convicted for a second time of beating his wife will have his law license suspended for 90 days with automatic reinstatement, the Indiana Supreme Court has ruled.

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In This Issue

  • Advocate welcomes honors, but reward for her is helping the kids

  • Indianapolis attorney’s small firm helps clients start over

  • BMV rule barring gender marker changes effective this week

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  • 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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