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2/10 – Straight Talk from the Statehouse: Lawyer-Legislator Update, Part 1 (webinar)

Click here for speakers and agenda. Date: Wednesday, February 10, 2021 Time (local time): 9:00 am – 10:00 am Credit hours: 1.0 CLE Cost: Click here or visit www.indybar.org for program costs Location: Zoom Webinar A Zoom link will be included in your registration confirmation email and resent the day of the program. Provider: Indianapolis […]

2/17 – Straight Talk from the Statehouse: Lawyer-Legislator Update, Part 2 (webinar)

Click here for speakers and agenda. Date: Wednesday, February 17, 2021 Time (local time): 9:00 am – 10:00 am Credit hours: 1.0 CLE Cost: Click here or visit www.indybar.org for program costs Location: Zoom Webinar A Zoom link will be included in your registration confirmation email and resent the day of the program. Provider: Indianapolis […]

Indy lawyer seeks to keep Trump election challenge alive at SCOTUS

February 9, 2021 | Dave Stafford

As the impeachment trial of former President Donald Trump on a count of incitement of insurrection began Tuesday, his Indianapolis lawyer who asked the United States Supreme Court to overturn election results in Wisconsin pleaded anew for the high court to keep the case alive because Trump may run again for president.

Opinions Feb. 9, 2021

February 9, 2021

Indiana Court of Appeals
Travis W. Phelps v. State of Indiana (mem. dec.)

20A-CR-831
Criminal. Affirms Travis Walker Phelps’ convictions for murder and attempted murder but reverses his firearm enhancement. Finds the trial court did not abuse its discretion in instructing the jury or admitting evidence. Also finds that the Vanderburgh Superior Court failed to advise Phelps of his rights and therefore Phelps did not knowingly, intelligently and voluntarily waive his right to a jury trial on the enhancement. Remands for a new proceeding on the firearm enhancement.

Indiana House panel OKs bill recognizing tribal court orders

February 9, 2021 | Olivia Covington

For the second year in a row, the Indiana House Judiciary Committee has endorsed legislation to extend full faith and credit to tribal orders issued in Indiana by the Pokagon Band of the Potawatomi Indians.

House panel advances pregnancy accommodations bill with virtually no mandates

February 9, 2021 | Lindsey Erdody, Indianapolis Business Journal

Indiana lawmakers are moving forward with a pregnancy accommodations bill that won’t require businesses to make any adjustments for workers. Some legislators advocated for a measure that they said would offer pregnant workers more meaningful protections.

Indiana deaths jumped by 18% during 2020 amid pandemic

February 9, 2021 | Associated Press

A larger surge of coronavirus deaths in Indiana during December than was initially reported contributed to an 18% jump in the state’s overall deaths during 2020.

Justices to hear case ordering confidential informant to sit for defense interview

February 9, 2021 | IL Staff

An order requiring a confidential informant to sit down for a face-to-face interview with defense counsel will be reviewed by Indiana’s highest court after justices granted transfer to the Marion County case.

Tennessee man charged in 1992 slayings of Gary woman, daughter, 4

February 9, 2021 | Associated Press

A Tennessee man has been charged with murder in the 1992 fatal shootings of a Gary woman and her 4-year-old daughter, the FBI said Monday.

Justice Department seeks resignations of Trump-era U.S. attorneys

February 9, 2021 | Associated Press and IL Staff

The Justice Department will ask U.S. attorneys who were appointed by former President Donald Trump to resign from their posts, as the Biden administration moves to transition to its own nominees, a senior Justice Department official said Monday.

Democrats propose $1,400 payments as part of Biden virus relief

February 9, 2021 | Associated Press

House Democrats proposed an additional $1,400 in direct payments to individuals as Congress began piecing together a $1.9 trillion COVID-19 relief package that tracks President Joe Biden’s plan for battling the pandemic and reviving a still staggering economy.

82 advocacy groups call on Biden to end federal executions

February 9, 2021 | Associated Press

Dozens of civil rights and advocacy organizations are calling on the Biden administration to immediately halt federal executions after an unprecedented run of capital punishment under former President Donald Trump and to commute the sentences of inmates on federal death row.

Trump’s second impeachment trial to start with fight over its legitimacy

February 9, 2021 | Associated Press

Donald Trump’s historic second impeachment trial is an undertaking like no other in U.S. history, the defeated former president charged by the House with inciting the deadly  mob attack on the U.S. Capitol  to overturn the election in what prosecutors argue is the “most grievous constitutional crime.”

Juvenile justice bill supported by Indiana advocates advances

February 8, 2021 | Marilyn Odendahl

A coalition of state and national organizations are putting their support behind a juvenile justice bill in the Indiana Legislature that they say will bring much-needed reform and prevent the state from losing federal money. The measure advanced to the full Senate on Tuesday.

State challenging wrongful conviction ruling to Court of Appeals

February 8, 2021 | Olivia Covington

The state of Indiana will ask the Indiana Court of Appeals this week to reinstate a murder conviction against a mentally disabled man who won post-conviction relief 15 years after his initial conviction.

Opinions Feb. 8, 2020

February 8, 2021

Indiana Court of Appeals
John J. Hatzfeld v. State of Indiana
20A-CR-1622
Criminal. Affirms John Hatzfeld’s conviction of Level 6 felony operating while intoxicated with a prior conviction. Finds there was sufficient evidence to sustain Hatzfeld’s conviction in Huntington Superior Court. Also finds that even if a blood test was erroneously admitted, the jury heard ample evidence of his intoxication beyond his blood alcohol content.

Susan Bayh, former Indiana first lady, dies after long battle with brain cancer

February 8, 2021 | Associated Press and IL and IBJ Staff

Former Indiana First Lady and attorney Susan Bayh has died at age 61 after nearly three years of brain cancer treatments, her family said Saturday.

Holcomb promotes Allen to chairwoman of Alcohol and Tobacco Commission

February 8, 2021 | IL Staff

The attorney who serves as executive secretary of the Indiana Alcohol and Tobacco Commission has been promoted to chairwoman of the commission, Gov. Eric Holcomb announced Friday.

Legislature overrides Holcomb veto of housing measure

February 8, 2021 | Marilyn Odendahl

Nearing the mid-point of the 2021 legislative session, the Indiana Senate overrode Gov. Eric Holcomb’s veto of a bill that housing advocates claimed would put more Hoosier tenants at risk of eviction. Democrats harshly criticized the override as the work of a Republican supermajority “drunk on power.”

Indiana Supreme Court opens ICLEO applications

February 8, 2021 | IL Staff

The Indiana Supreme Court has opened applications for the 2021 Indiana Conference for Legal Education Opportunity program serving student groups that are traditionally underrepresented in law school.

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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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