Indiana’s top elections official admits fundraising error
Indiana’s top elections official has acknowledged violating state political fundraising rules with the launch of her 2022 election campaign.
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Opinions April 28, 2021
Indiana Court of Appeals
Rebecca Minser and Tina Zion v. DeKalb County Plan Commission
20A-PL-2408
Civil plenary. Affirms the grant of summary judgment to the DeKalb County Plan Commission on its complaint alleging Rebecca Minser and Tina Zion constructed a pond in violation of the DeKalb County Unified Development Ordinance, as well as the finding that Minser and Zion can be ordered to fill in the pond. Reverses the award of attorney fees to the commission. Finds the DeKalb Superior Court did not err when it awarded summary judgment to the commission and ordered a fine of $1,000. Also finds the trial court did err in awarding attorney fees to the commission. Remands with instructions to vacate the attorney fee award.
COA: Landowners violated ordinance by building ‘pond,’ but attorney fees not supported in ordinance
Two homeowners who built a pond in an airport district without a permit violated a local ordinance, the Indiana Court of Appeals ruled Wednesday, affirming judgment in favor of the local plan commission. However, an award of nearly $8,000 in attorney fees for the commission must be vacated.
In third appeal of burglary case, COA rules released defendant can’t be resentenced
Taking his case to the Indiana Court of Appeals for a third time, a man who served his sentence for burglary convictions and was released will not return to prison after the appellate court determined the trial court lacked authority to order the man’s resentencing.
2 men charged in death, dismemberment of Fort Wayne man
Two men faced charges Tuesday in the death and dismemberment of a 55-year-old man found in a vehicle that crashed in Fort Wayne, authorities said.
Chauvin juror says guilty verdicts could have come quicker
A juror who cast one of the unanimous votes to convict a white former Minneapolis police officer of killing George Floyd said most of the deliberations was primarily spent trying to convince one person who was uncertain about part of the jury instructions.
What to watch during Biden’s 1st big speech to Congress
President Joe Biden is putting the finishing touches on his first address to a joint session of Congress, a prime-time speech on Wednesday night on the eve of his 100th day in office.
Juvenile lifer who set precedent sentenced to life again
In reviewing Evan Miller’s case, the U.S. Supreme Court banned mandatory life without parole sentences for juveniles — saying judges and juries should consider the special factors of youth — a decision that eventually led to inmates across the country getting a chance at release. But Miller will not get that chance.
Laurin: Viewing mediation success from both sides of the equation
I have represented clients in numerous mediations for the past 25 years. In the last five years, while continuing to represent clients in mediations, I have had the opportunity to view the process from the other side as a private mediator. Based on this “dual role,” here are a few expectations that I believe the parties should have for each other in a mediation.
Talks end, Kids’ Voice to take over GAL/CASA program
Like a couple deciding not to marry, Kids’ Voice of Indiana and Child Advocates were unable to work out a prenuptial agreement after weeks of negotiations and are now focused on who will take care of the children.
Young: Signs of progress as ‘Strange Fruit’ resonates
The relevance of “Strange Fruit” today is disconcerting, but signs are popping up pointing us toward justice. Will we follow them?
Red flags on Indiana’s red flag law
A mass shooting at an Indianapolis FedEx Ground facility earlier this month that killed eight employees and wounded five raised questions about whether more could have been done under Indiana’s red flag law to prevent the gunman from obtaining additional weapons after he had a firearm removed from his possession just over a year before.
IndyBar: A Conversation with the Author as a Millennial Teenager
In response to reader requests for a break from anything lawyerly or COVID-related, this week’s column features a selection from a conversation between the author and his 19-year-old self, living in April 2001.
IndyBar: IndyBar Foundation to Award $60,000 in Grants to Community Partner, Local Attorneys
The Indianapolis Bar Foundation will boost its impact in the community in 2021 as it awards $60,000 in grants to both a community partner through its $35,000 Community Empowerment Grant and local attorneys through its Crisis Empowerment Grants, which will total $25,000.
Indiana Court decisions – April 8-21, 2021
Read Indiana appellate court decisions from the most recent reporting period.
Last-minute Statehouse gun reform efforts fail
With the Republicans having a supermajority, the Legislature has been consistent in passing bills that weaken restrictions on firearms. Legislation that Moms Demand Action and other organizations consider common sense, such as universal background checks and safe storage, face an uphill battle in the Indiana Statehouse.
FedEx shooter had been treated after police intervened, but motive still unclear
Less than two weeks after the deadliest mass shooting in Indianapolis history, still relatively little is known about the gunman, 19-year-old Brandon Scott Hole. Law enforcement officials slowly released details about the shooter, but one critical piece of information is still unclear: Hole’s motive for the deadly attack.
Lewinski: Filling in the blanks: A key to a successful mediation
An awareness of the concept of implicit bias and some self-reflection can help us to account for implicit biases in our judgments and decision-making. This is particularly important for mediators.
For Sikhs, FedEx tragedy leaves familiar fears
Four of the eight people killed April 15 at the FedEx Ground facility in Indianapolis were Sikhs. Members of that community are calling for a comprehensive and transparent investigation, possibly involving the U.S. Department of Justice.
Hammerle on… “The United States vs. Billie Holiday” and “If Anything Happens I Love You”
Defense lawyer Bob Hammerle reviews “The United States vs. Billie Holiday” and, online only, “If Anything Happens I Love You.”