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Opinions Feb. 23, 2021

February 23, 2021

Indiana Court of Appeals
Andrew Conley v. State of Indiana
19A-PC-3085
Post conviction. Affirms and reverses in part Andrew Conley’s amended petition for post-conviction relief. Finds Conley’s trial counsel failed to adequately present mitigating evidence, missed opportunities to present expert testimony on scientific evidence regarding the juvenile brain, and missed opportunities to zealously present evidence and challenge the state’s evidence regarding Conley’s mental health. Also finds Conley has shown that his trial counsel’s performance fell well short of prevailing profession norms, and his trial counsel’s deficient performance prejudiced his defense to the extent there is a probability sufficient to undermine confidence in the outcome. Finally, finds the post-conviction court’s denial of Conley’s ineffective assistance of trial counsel claim is clearly erroneous, but the court’s denial of the remainder of Conley’s claims is not clearly erroneous. Remands to the Ohio Circuit Court for a new sentencing hearing.

Revisiting foreclosure case, COA reaffirms money judgment

February 23, 2021 | Olivia Covington

A $112,000 money judgment originally upheld in 2019 has been reaffirmed in a second appellate decision issued in the case Tuesday.

Indiana House backs ending gun permits, tighter abortion law

February 23, 2021 | Associated Press

Republicans pushed bills through the Indiana House on Monday that would repeal the state’s permit requirement for carrying a handgun in public and further tighten the state’s abortion laws, joining movements in several other GOP-controlled states.

Number injured after Indianapolis jail power outage rises to 28

February 23, 2021 | Associated Press

Nearly 30 inmates were injured in falls or fights after a power outage plunged a privately operated jail in Indianapolis into darkness and a backup generator failed to kick on, officials said. The total reportedly injured in falls or fights was significantly higher than the initial number reported Monday.

High court to take up Trump immigration, abortion referral rules

February 23, 2021 | Associated Press

The United States Supreme Court said Monday it will take up challenges to controversial Trump administration policies affecting family-planning clinics and immigrants, even though the Biden administration has announced it is reviewing them.

COA reverses denied expungement for Elkhart County man

February 23, 2021 | Katie Stancombe

A man who was denied a petition to expunge his criminal record had the pendulum swing in his favor on Tuesday after an appellate panel reversed to grant his expungement request.

Black caucus calls for reprimands, implicit bias training after House altercations

February 23, 2021 | Olivia Covington

The Indiana Black Legislative Caucus is calling for lawmaker reprimands, implicit bias training and member safety measures in response to a heated Indiana House session last week that featured allegations of racism, on-the-floor boos and lawmaker confrontations in the halls and a restroom.

SCOTUS rejects Trump election cases, will circulate Indy lawyer’s appeal

February 23, 2021 | Associated Press and IL Staff

The Supreme Court on Monday rejected a handful of cases related to the 2020 election, including disputes from Pennsylvania that had deeply divided the justices just before the election. Still pending before the high court is a petition from an Indianapolis law firm for the high court to take up an appeal of former President Donald Trump’s Wisconsin election loss.

Hoosiers 60-64 now eligible for COVID-19 vaccines

February 23, 2021 | John Russell, Indianapolis Business Journal

Hoosiers aged 60-64 are now eligible to get COVID-19 vaccinations, the Indiana Department of Health announced Tuesday morning.

Biden asks high court to drop 2 Trump-era Medicaid cases

February 23, 2021 | Associated Press

The Biden administration is asking the United States Supreme Court not to hear arguments in two cases on its March calendar about the Trump administration’s plan to remake Medicaid by requiring recipients to work.

Garland vows sharp focus on Capitol riot as attorney general

February 23, 2021 | Associated Press and IL Staff

Merrick Garland, President Joe Biden’s attorney general nominee, vowed Monday to prioritize combating extremist violence with an initial focus on the insurrection at the U.S. Capitol as he sought to assure lawmakers that the Justice Department would remain politically independent on his watch.

4/8 – FHCCI 9th Annual Fair Housing Conference (Virtual)

Fair Housing Center of Central Indiana 9th Annual Fair Housing Conference This year’s conference theme is Acknowledging Our History for the Future of Fair Housing.  Click to see full agenda and speakers. Date: Thursday, April 8, 2021 Time (Indianapolis time): 9:00 am – 4:30 pm EDT Credit hours: 6.3 CLE Cost: $40 ($55 after Feb. […]

Finalists for St. Joseph Superior Court resubmitted to Holcomb

February 22, 2021 | IL Staff

Gov. Eric Holcomb has been presented a second time with the same slate of nominees to fill a vacancy on the St. Joseph Superior Court, potentially curing an injunction that had blocked the governor’s appointment after a local commission member sued, claiming two fellow members were ineligible.

Frost Brown Todd opens office in D.C. market

February 22, 2021 | IL Staff

Frost Brown Todd is opening a new office in Washington, D.C., consolidating the firm’s federal public policy and regulatory practices into the new location and drawing upon the expertise of attorneys throughout the firm’s other nine offices, including Indianapolis.

Opinions Feb. 22, 2021

February 22, 2021

Indiana Court of Appeals
Terrence Brodnik v. Cottage Rents LLC
20A-SC-2036
Small claims. Reverses the Hendricks Superior Court’s dismissal of Terrence Brodnik’s claim against Cottage Rents LLC based on a lack of subject matter jurisdiction and a failure to state a claim upon which relief can be granted. Finds dismissal was improper under Trial Rules 12(B)(1) and 12(B)(6). Remands for further proceedings.

COA reinstates small claims case after COVID cancelation of vacation

February 22, 2021 | Olivia Covington

A small claims case arising from a COVID-canceled vacation will return to the trial court after the Indiana Court of Appeals found dismissal was improper.

Bill giving adult guardians say over final dispositions set for final Senate vote

February 22, 2021 | Olivia Covington

A bill to give adult guardians authority to oversee the disposition of a ward’s remains is up for a final vote in the Indiana Senate this week, but the version of the bill senators will vote on is markedly different from the introduced legislation.

Advocates, landlords have differing views of housing bill veto override

February 22, 2021 | Marilyn Odendahl

Legal aid providers are uncertain what will happen now that the Indiana General Assembly has enacted a law that is seen as giving more favor to landlords, but they fear it will exacerbate the growing problem of evictions in Indiana and lead to more families being put on the street.

Tinder, Williams support Garland’s nomination for AG

February 22, 2021 | IL Staff

A coalition of former federal judges, including two from the 7th Circuit Court of Appeals, is urging the U.S. Senate to confirm Judge Merrick Garland as the U.S. Attorney General, describing him as having a “strong moral compass and abiding integrity.”

Indiana woman who gave birth alone in cell secures $200k settlement

February 22, 2021 | Associated Press

An Indiana woman who gave birth alone in a Kentucky jail will receive a $200,000 settlement after arguing that correction staffers were deliberately indifferent to her medical needs, according to a news report.

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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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