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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.

High court puts off wall, asylum cases at Biden’s request

February 3, 2021 | Associated Press

The United States Supreme Court on Wednesday agreed to requests from the Biden administration to put off arguments in two cases involving the U.S.-Mexico border wall and asylum-seekers because President Joe Biden has taken steps to change Trump administration policies that had been challenged in court.

Schumer, McConnell end standoff to organize 50-50 Senate

February 3, 2021 | Associated Press

Senate Majority Leader Chuck Schumer announced an agreement Wednesday with Republicans to organize the evenly split chamber, ending a weekslong standoff that prevented the new Democratic majority from setting up some operations and soured relations at the start of the congressional session.

Biden discussing COVID-19 aid with Dems, wants fast action

February 3, 2021 | Associated Press

President Joe Biden panned a Republican alternative to his  $1.9 trillion COVID rescue plan  as insufficient as Senate Democrats pushed ahead, voting to launch a process that could approve his sweeping rescue package on their own, if Republicans refuse to support it.

Gearing up: Automated driving technology experts offer advice, anticipation for future

February 3, 2021 | Katie Stancombe

As new vehicle models are released each year, automated driving technologies become increasingly available to consumers. Experts say attorneys will need to familiarize themselves with the evolving technology to be equipped for future cases and how it may fundamentally change their practices.

Calling it a career: Lawyer ethics director Witte retiring

February 3, 2021 | Olivia Covington

After 39 years, G. Michael Witte, executive director of the Indiana Supreme Court Disciplinary Commission, is calling it a career — sort of.

Taking a stand for lemonade

February 3, 2021 | Katie Stancombe

A bill in the 2021 Indiana General Assembly would make clear that lemonade stands are legal in the Hoosier state, thanks to two LaPorte boys who wanted to tackle an issue near to their hearts.

Senate bill addresses post-release mental health treatment

February 3, 2021 | Katie Stancombe

A Senate bill requested by the Indiana Department of Correction would provide a way to ensure mental health treatment for inmates upon their release.

Stafford: It’s an honor — Your bigger, better Leadership in Law awards

February 3, 2021 | Dave Stafford

Someday not too long from now, we at Indiana Lawyer will say hello to you in person, and I have to say, I can’t wait for that day. Until then, we have some exciting news to share about our annual Leadership in Law awards.

Remote advantage: Business attorneys have discovered some unexpected benefits to virtual hearings

February 3, 2021 | Marilyn Odendahl

While the jury is still out on how increased use of remote technology will impact litigation in the future, business lawyers have seen a decrease in expenses and an increase in efficiency that is likely to benefit clients and productivity.

Conversations on race draw on power of candid talks

February 3, 2021 | Marilyn Odendahl

To capitalize on the talks that started during 2020, attorney Angka Hinshaw is joining Indiana Justice Steven David to lead a yearlong discussion about racial issues and cultural differences. The goal of the program, Open Conversations, is to foster honest, perhaps uncomfortable, dialogue where the participants can gain new insight and understanding.

The next step: Civil forfeiture reform efforts continue in Indiana

February 3, 2021 | Olivia Covington

Civil forfeiture is back before the judicial and the legislative branches of Indiana government. A Senate bill would implement forfeiture reforms that practitioners say have long been necessary, while a case scheduled to go before the Indiana Supreme Court this month for the third time could further refine how trial courts consider whether a forfeiture is lawful.

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In This Issue

  • Advocate welcomes honors, but reward for her is helping the kids

  • Indianapolis attorney’s small firm helps clients start over

  • BMV rule barring gender marker changes effective this week

Most Read
  • Firing squad, gas execution methods move out of Indiana House committee

  • House committee advances bill redefining hemp, putting Indiana on path to more restrictions

  • New habeas corpus strategy is freeing some immigrant detainees

  • 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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