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Opinions Feb. 4, 2021

February 4, 2021

Indiana Court of Appeals
Charles Wolfe, et al. v. Robert Agro
20A-PL-1242
Civil plenary. Reverses the Randolph Superior Court’s determination that Charles and Rachel Wolfe committed criminal conversion by knowingly exerting unauthorized control over Robert Agro’s property. Finds that Agro’s proper remedy is through the Uniform Partnership Act, not the Crime Victims Relief Act. Judge Elizabeth Tavitas dissents with separate opinion.

Fowl investment gone foul leads to reversal at COA

February 4, 2021 | Olivia Covington

Despite ruffled feathers among parties involved in a bird investment project, a nearly $40,000 judgment for the investor has been reversed after a split Indiana Court of Appeals determined the trial court applied the wrong law in awarding relief.

State lawmakers consider new emergency session rules

February 4, 2021 | Lindsey Erdody, Indianapolis Business Journal

State lawmakers have significantly amended a bill that would give the Legislature the authority to weigh in on policies made during a public emergency. The bill cleared a committee and now heads to the full House for consideration.

Indiana gets $12.5 million in opioid settlement with McKinsey & Co.

February 4, 2021 | Katie Stancombe

The Hoosier state will bring home $12.5 million in a multistate settlement with a consulting firm that played a major role working for opioid companies accused of profiting from the opioid epidemic, including Purdue Pharma, the Indiana Attorney General’s office announced Thursday.

Justices accepting disciplinary commission applications as Witte gets senior judge status

February 4, 2021 | IL Staff

The Indiana Supreme Court is now accepting applications for a new disciplinary commission executive director as the current director prepares to retire and take senior judge status.

Bill would require listing biological parents on birth certificates

February 4, 2021 | Marilyn Odendahl

A bill in the Legislature could reignite Indiana’s battle over birth certificates and possibly upend federal court rulings that allow married lesbian couples to have both their names listed as their children’s parents. Some attorneys, however, see numerous unintended consequences if the bill passes.

SCOTUS sides with Germany in Nazi-era art dispute

February 4, 2021 | Associated Press

The United States Supreme Court’s ruling Wednesday in a multimillion-dollar dispute over a collection of religious artworks will make it harder for some lawsuits to be tried in U.S. courts over claims that property was taken from Jews during the Nazi era.

Emmis, Colts, Staysniak off hook in Derek Daly’s defamation lawsuit

February 4, 2021 | Indianapolis Business Journal Staff

A Marion Superior Court Judge on Tuesday dismissed all counts against three of the four defendants in a defamation lawsuit that former IndyCar driver and longtime television racing analyst Derek Daly filed last April against Emmis Communications Corp., the Indianapolis Colts, former Colts game announcer Bob Lamey and Emmis on-air sports personality Joe Staysniak.

Justices name senior judge as interim disciplinary commission leader

February 3, 2021 | IL Staff

An Indiana senior judge has been named to lead the Indiana Supreme Court Disciplinary Commission on an interim basis, temporarily replacing executive director G. Michael Witte, who is retiring Friday. 

Bill protecting Indiana public monuments advances out of Senate committee

February 3, 2021 | Olivia Covington

After the protests this summer that led to the destruction or defacement of monuments nationwide, a bill designed to protect Indiana’s historical markers is advancing in the Indiana Legislature.

2/19 – Lunar New Year CLE: 2021 The Year of the Ox (virtual)

1 p.m.-2:30 p.m. (Eastern) Presenters will explore legal and policy issues relating to race and higher education and will focus on alleged racial discrimination in admissions decisions at institutions of higher learning, specifically, Students for Fair Admission v. Harvard and United States v. Yale. Asheesh Agarwal,Board Member, APABA-Indiana (Moderator) Debo Adegbile, WilmerHale, Partner / Counsel to Harvard University Eric Dreiband, […]

Opinions, Feb. 2, 2021

February 3, 2021

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Tuesday.
Rebecca Woodring v. Jackson County, Indiana
Appeal from the United States District Court for the Southern District of Indiana, New Albany Division. Judge Tanya Walton Pratt.
20-1881
Civil plenary. Reverses the District Court order issuing an injunction against a Nativity scene on the courthouse in Jackson County. Majority finds that while Rebecca Woodring has standing to bring this case, holds that under American Legion v. American Humanist Association, 139 S. Ct. 2067 (2019), the Nativity does not violate the Establishment Clause. Vacates the injunction and remands with instructions for the district court to enter summary judgment in favor of Jackson County. Judge David Hamilton dissents with opinion.

7th Circuit certifies 2 med-mal questions to Indiana Supreme Court

February 3, 2021 | Katie Stancombe

The 7th Circuit Court of Appeals has certified two questions to Indiana’s Supreme Court justices in a Wednesday opinion, asking for clarification in a Medical Malpractice Act dispute.

Divided 7th Circuit reverses, lets Jackson County Courthouse Nativity stand

February 3, 2021 | Dave Stafford

Lifting an injunction issued by a federal court, a divided panel of the 7th Circuit Court of Appeals on Wednesday ruled that a Nativity scene on the grounds of the Jackson County Courthouse in Brownstown is not unconstitutional under a 2019 case decided by the U.S. Supreme Court.

Appeals panel orders sentence reduced in fatal neglect case

February 3, 2021 | Dave Stafford

The Indiana Court of Appeals on Wednesday ordered a reduction in the sentence of a woman convicted of neglect resulting in the death of two of her children, finding the offense is not a crime of violence as defined by statute.

‘Hemp argument’ deemed waived in search challenge on appeal

February 3, 2021 | Dave Stafford

A defendant’s argument that evidence of marijuana admitted in court was fundamental error because a police officer failed to show he was qualified in distinguishing between the odor of pot and legal hemp was too far out for the Indiana Court of Appeals.

Ex-Johnson County Prosecutor Cooper gets 4-year suspension

February 3, 2021 | Dave Stafford

The former Johnson County prosecutor who was convicted of assaulting his former girlfriend and attempting to cover up his crime was suspended from the practice of law for four years Wednesday without automatic reinstatement.

Indiana Senate backs bill to ban renaming of Indianapolis

February 3, 2021 | Associated Press

A proposal to ban Indianapolis and more than 100 other Indiana cities from ever changing their names has been approved by the state Senate. The proposal also would prohibit the renaming of many other Hoosier cities.

 

Law enforcement reform bill advances with bipartisan support

February 3, 2021 | Associated Press

A bipartisan bill aimed at increasing police accountability and enacting criminal justice reform advanced to the Indiana Senate after lawmakers unanimously approved the measure in a House vote Tuesday.

 

Biden signs immigration orders as Congress awaits more

February 3, 2021 | Associated Press

President Joe Biden signed a second spate of orders to undo his predecessor’s immigration policies, demonstrating the powers of the White House and its limitations without support from Congress.

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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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