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Opinions Jan. 26, 2020

January 26, 2021

Indiana Court of Appeals
Jeffrey Thomas Maxwell v. Shirley Sue Maxwell 
20A-DR-869
Domestic relations. Reverses in part the order dividing marital property between Jeffrey and Shirley Maxwell. Finds that assigning the tax burden related to Jeffrey’s pension to Jeffrey alone has the result of significantly altering the Hancock Circuit Court’s intended 60/40 apportionment. Also finds Jeffrey is free to pay off the equalization payment more quickly than the $500 per month order and thereby incur less in interest. Remands for clarification regarding the division of Jeffrey’s military pension, and for the trial court to consider the tax consequences of its disposition and to redetermine the amount of the equalization payment. Judge Nancy Vaidik concurs and dissents in part with separate opinion.

Appeals court orders second remand of divorce dispute

January 26, 2021 | Olivia Covington

A ex-husband will again take his challenge of the final judgment in his divorce case back to the trial court after the Indiana Court of Appeals ordered a second remand to address the division of marital property.

Suspect in IMPD officer’s slaying to face death penalty

January 26, 2021 | IL Staff

The man accused of fatally shooting an Indianapolis Metropolitan Police Department officer will face a potential death sentence, the Marion County Prosecutor’s Office announced Tuesday.

IU McKinney dean Bravo to speak at Southern District Black History Month event

January 26, 2021 | Olivia Covington

Karen Bravo, the first person of color to serve as dean of Indiana University Robert H. McKinney School of Law, will be the keynote speaker at the Indiana Southern District Court’s annual Black History Month event next month.

‘Fairly simple bill’ provides way to reject discriminatory land title restrictive covenants

January 26, 2021 | Marilyn Odendahl

Although covenants barring people of certain races, ethnicities and religions from owning property are no longer enforceable, they are still attached to many deeds and mortgages throughout Indiana.

COA: Despite waiver in plea, man may appeal allegedly unlawful sentence

January 26, 2021 | Olivia Covington

A man who waived his appellate rights as part of a plea agreement has been granted permission to appeal his 25-year executed sentence as being contrary to law.

Former judge, ATC chair Cook named Indiana inspector general

January 26, 2021 | IL Staff

A former Marion County judge and the current chairman of the Indiana Alcohol and Tobacco Commission is moving to a new public service position next month, transitioning to the role of Indiana inspector general.

Revamped bill would severely limit government’s ability to restrict business, church operations

January 26, 2021 | Lindsey Erdody, Indianapolis Business Journal

A Republican lawmaker is seeking to severely limit the restrictions that state and local governments can impose on businesses and churches as COVID-19 continues to spread across Indiana.

SCOTUS won’t hear Nevada church’s COVID-19 case

January 26, 2021 | Associated Press

The U.S. Supreme Court on Monday refused a rural Nevada church’s request to enter a legal battle over the government’s authority to limit the size of religious gatherings amid the COVID-19 pandemic after the church won an appeals court ruling last month that found Nevada’s restrictions unconstitutional.

Biden more bullish on vaccines, open to 1.5M daily shot goal

January 26, 2021 | Associated Press

President Joe Biden appeared to boost his goal for coronavirus vaccinations in his first 100 days in office, suggesting the nation could soon be injecting 1.5 million shots on an average per day.

Trump impeachment goes to Senate, testing his sway over GOP

January 26, 2021 | Associated Press

House Democrats delivered the impeachment case against Donald Trump to the Senate for the start of his historic trial, but Republican senators were easing off their criticism of the former president and shunning calls to convict him over the deadly siege at the U.S. Capitol.

Supreme Court ends Trump emoluments lawsuits

January 25, 2021 | Associated Press

The United States Supreme Court on Monday brought an end to lawsuits over whether Donald Trump illegally profited off his presidency, saying the cases are moot now that Trump is no longer in office.

2/24 – Looking Back, Leaning Forward (virtual)

Keynote Speaker • Karen E. Bravo, Dean, Indiana University Robert H. McKinney School of Law The United States District Court for the Southern District of Indiana is pleased to announce Dean Karen E. Bravo as the speaker at its 22nd annual Black History Month event. Dean Bravo’s remarks will focus on key moments throughout African […]

17-year-old held in Indianapolis killings of 5, including pregnant woman

January 25, 2021 | Associated Press

Indianapolis police arrested a 17-year-old boy Monday in the killings of five people, including a pregnant woman, who were shot to death inside a home in what the city’s mayor called a “devastating act of violence.”

Opinions Jan. 25, 2020

January 25, 2021 | Associated Press

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Friday:
United States of America v. Michael Thomas
19-2969
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Chief Judge Jon E. DeGuilio.
Criminal. Affirms Michael Thomas’ conviction of mail fraud under 18 U.S.C. § 1341. Finds the district court properly decided that six fires set by Thomas were part of his insurance fraud scheme and not “other acts.” Also finds the district court properly admitted evidence of a seventh fire that, although too far removed in time to be part of the fraud scheme, was evidence of Thomas’ modus operandi.

Young joins proposal for 9-member SCOTUS constitutional amendment

January 25, 2021 | IL Staff

Indiana Sen. Todd Young on Monday announced he will join fellow Republican senators in reintroducing a constitutional amendment that would ensure the number of justices on the United States Supreme Court remains nine.

Suspended attorney sentenced to 2 years in federal prison for tax evasion

January 25, 2021 | Marilyn Odendahl

A former Schererville personal injury and medical malpractice attorney who pleaded guilty to tax evasion has been sentenced to two years in federal prison. The attorney, who was suspended from the practice of law last year, also was ordered to make restitution of more than $1.7 million.

7th Circuit extinguishes fraudster-arsonist’s appeal

January 25, 2021 | Olivia Covington

A convicted insurance fraudster whose M.O. was arson has lost his appeal of his mail fraud convictions, with the 7th Circuit Court of Appeals rejecting his argument that evidence of arson was improperly admitted at his fraud trial.

Ex-Boone County pediatrician convicted of molesting patients loses appeal

January 25, 2021 | Olivia Covington

A former Boone County pediatrician convicted on multiple charges of sexual misconduct against his minor patients has lost his appeal of his felony convictions and his consecutive sentences.

Indiana inmate agrees to plead guilty in inmate’s killing

January 25, 2021 | Associated Press

An inmate at a central Indiana prison has agreed to plead guilty in the fatal stabbing of another inmate, four months after he rejected the same plea agreement. The inmate has previously requested the death penalty.

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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

  • New habeas corpus strategy is freeing some immigrant detainees

  • Tippecanoe County judge, wife in stable condition after being shot at their home

  • Nominations being accepted for the 2024 Henry Hurst Judicial Assistance Award

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