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Opinions Nov. 19, 2020

November 19, 2020

Indiana Court of Appeals
Javan D. Brown v. State of Indiana
20A-CR-125
Criminal. Affirms Javan Brown’s aggregate 6½-year conviction for Level 5 felony reckless homicide and Class A misdemeanor dangerous possession of a firearm. Finds that Brown’s argument that the LaPorte Superior Court erred by excluding his mother from the courtroom fails. Also finds that the trial court did not err by allowing the jury to examine and pull the trigger on the firearm during deliberations. Finds the evidence is sufficient to sustain Brown’s conviction for reckless homicide, and finds both convictions do not constitute double jeopardy. Finds his sentence is not inappropriate and the trial court did not abuse its discretion in sentencing him.

COA: ‘Forcibly’ resisting arrest conviction reversed for insufficient evidence

November 19, 2020 | Katie Stancombe

A Marion County man’s resisting arrest conviction for refusing to remove his hands from his pockets presented legitimate questions about the element of force required for such a crime, the Indiana Court of Appeals observed in a Thursday reversal.

COA affirms juvenile’s reckless homicide, gun possession convictions

November 19, 2020 | Katie Stancombe

The Indiana Court of Appeals has affirmed a LaPorte County juvenile’s sentence and conviction after he admitted to accidentally shooting and killing a friend.

Child porn convictions affirmed over evidence, double jeopardy arguments

November 19, 2020 | Dave Stafford

An Indianapolis man’s conviction on six counts of possession of child pornography was affirmed Thursday when the Indiana Court of Appeals rejected his claims that the evidence was insufficient and that his convictions violated his constitutional protections against double jeopardy.

Justices permit remote attorney disciplinary proceedings

November 19, 2020 | IL Staff

Indiana Supreme Court justices in a Wednesday order provided instructions to hearing officers and parties in attorney disciplinary proceedings that have not yet proceeded to final hearing, perhaps most significantly permitting remote proceedings due to the continuing pandemic.

Man dies days after ramming head into Evansville police car

November 19, 2020 | Associated Press

A 20-year-old man has died three days after he rammed his head into an Evansville police car as officers were taking him into custody following a disturbance at a gathering, authorities said.

2 men arrested after fatal shooting of Indiana State student

November 19, 2020 | Associated Press

Police arrested two men in connection with a shooting at an off-campus party in September that killed an 18-year-old Indiana State University student and wounded two other people.

Trump pushes new environmental rollbacks on way out the door

November 19, 2020 | Associated Press

Down to its final weeks, the Trump administration is working to push through dozens of environmental rollbacks that could weaken century-old protections for migratory birds, expand Arctic drilling and hamstring future regulation of public health threats.

Federal inmate who killed Texas teenager set to be executed

November 19, 2020 | Associated Press

The federal government prepared Thursday to execute an inmate at the federal prison in Terre Haute who was condemned for kidnapping and raping a 16-year-old Texas girl, bludgeoning her with a shovel and burying her alive.

Groups say energy recommendations could slow Indiana’s transition away from coal

November 19, 2020 | John Russell, Indianapolis Business Journal

Seven months after Indiana lawmakers passed a bill prohibiting utilities from shutting down coal-fired power plants before May 2021, a state energy task force is considering a sweeping array of measures that seem to favor existing large-scale utilities, many of which still burn coal, over providers of renewable energy.

Trump targets vote certification in late bid to block Biden

November 19, 2020 | Associated Press

Getting nowhere in the courts, President Donald Trump’s scattershot effort to overturn President-elect Joe Biden’s victory is shifting toward obscure election boards that certify the vote as Trump and his allies seek to upend the electoral process, sow chaos and perpetuate unsubstantiated doubts about the count.

Indiana county OKs fining businesses violating mask order as COVID cases soar

November 18, 2020 | Associated Press

Businesses in a northern Indiana county could now face fines if they fail to enforce a county mask order requiring employees of businesses to wear masks to slow the spread of the coronavirus. The move comes as the number of Indiana counties having a heightened risk of COVID-19 rose.

Task force makes recommendations to bolster civic education in Indiana

November 18, 2020 | Marilyn Odendahl

The Indiana Bar Foundation Civic Education Task Force released a series of recommendations Wednesday for improving Hoosier students’ understanding of American democracy. The proposals  include revising academic standards, providing more professional development for teachers and strengthening ties to the community.

Opinions Nov. 18, 2020

November 18, 2020

Indiana Court of Appeals
McGraw Property Solutions, LLC v. Jason Jenkins 
20A-PL-00630
Civil plenary. Affirms the Boone Superior Court’s summary judgment in favor of Jason Jenkins against McGraw Property Solutions, concluding that Jenkins timely cancelled a storm repair contract within three days of acceptance.

Indiana lawmakers clash over COVID-19 protocols as 2021 session nears

November 18, 2020 | Lindsey Erdody, Indianapolis Business Journal

Democrats and Republicans clashed over COVID-19 protocols on Tuesday as they gathered for a ceremonial start to the 2021 legislative session.

Justices split 3-2 in rejecting landowner appeal over dam repairs

November 18, 2020 | IL Staff

Residents of a Miami County lake community lost their bid to make their case to the Indiana Supreme Court that the county, not property owners, are responsible for fixing six crumbling dams.

COA affirms for property opener who canceled storm repair contract 

November 18, 2020 | Katie Stancombe

The Indiana Court of Appeals has affirmed in an interlocutory appeal a Boone County property owner’s cancelation of an agreement with a contractor, finding that his cancelation was timely under the replacement cure contract.

Indiana governor quarantines after exposure to COVID-19

November 18, 2020 | Associated Press

Indiana Republican Gov. Eric Holcomb and first lady Janet Holcomb are quarantining after several members of his security detail tested positive for COVID-19, his office announced Tuesday.

House asks SCOTUS to put off case over Russia grand jury

November 18, 2020 | Associated Press

The Democratic-controlled House of Representatives is asking the Supreme Court to put off upcoming arguments about whether Congress should have access to secret grand jury testimony from special counsel Robert Mueller’s Russia investigation.

Confirmation hearing for Kirsch set for today

November 18, 2020 | Marilyn Odendahl

U.S. Attorney for the Northern District of Indiana Thomas Kirsch II is scheduled to appear before the U.S. Senate Judiciary Committee Wednesday as he begins the confirmation process to fill the vacancy on the 7th Circuit Court of Appeals created by the appointment of Amy Coney Barrett to the U.S. Supreme Court.

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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
  • Indianapolis attorney suspended for charging, collecting unreasonable fee 

  • 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

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