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Opinions Oct. 27, 2020

October 27, 2020

Indiana Supreme Court
Indiana Land Trust Company, f/k/a Lake County Trust Company TR #4340 v. XL Investment Properties, LLC and LaPorte County Auditor
20S-MI-62
Miscellaneous. Affirms the LaPorte Superior Court’s denial of Indiana Land Trust Company’s motion to set aside a tax deed related to Trust 4340. Finds that the LaPorte County auditor provided adequate notice and was not required to search its internal records for a better tax sale notice address when the notice sent via certified mail was returned as undeliverable.

LaPorte Co. auditor provided adequate notice of tax sale, Supreme Court rules

October 27, 2020 | Katie Stancombe

Indiana Supreme Court justices have affirmed the denial of a land trust company’s motion to set aside a tax deed for a LaPorte County property, finding an auditor gave adequate notice of the property’s impending tax sale.

Supreme Court arguments set in child neglect case after defendant released from jail

October 27, 2020 | IL Staff

Indiana Supreme Court justices are set to hear oral argument in a neglect and battery case next week, where a man accused of battering a toddler was ordered released from jail earlier this year by the Indiana Court of Appeals.

Split COA reverses for Notre Dame in woman’s negligence suit

October 27, 2020 | Katie Stancombe

A divided Indiana Court of Appeals panel on Tuesday reversed in favor of the University of Notre Dame in a negligence dispute brought by a woman who broke her shoulder after tripping during a basketball game.

Indiana AG candidate calls for Indiana to legalize pot

October 27, 2020 | Associated Press

The Democratic candidate for Indiana attorney general is calling on the state to legalize marijuana, saying that doing so would reduce the state’s prison and jail populations and generate millions of dollars for public education.

Indiana receives 10-year extension of Healthy Indiana Plan

October 27, 2020 | Associated Press

The state of Indiana has received federal approval to continue for 10 more years its Healthy Indiana Plan medical savings account that enrolls more than 572,000 low-income adult Hoosiers.

Issues important to Trump await Barrett on Supreme Court

October 27, 2020 | Associated Press

Amy Coney Barrett’s first votes on the Supreme Court could include two big topics affecting the man who appointed her.

High court won’t extend Wisconsin’s absentee ballot deadline

October 27, 2020 | Associated Press and IL Staff

The Supreme Court is siding with Republicans to prevent Wisconsin from counting mailed ballots that are received after Election Day.

Wabash man shot by police after stabbing son, 10, has died

October 27, 2020 | Associated Press

A northern Indiana man who was shot by police after he allegedly stabbed his 10-year-old son, mortally wounding the boy, has died at a hospital more than two weeks after that attack, authorities said Monday.

Lilly antibody drug fails in COVID-19 study for hospitalized patients

October 27, 2020 | Associated Press and Indianapolis Business Journal Staff and IL Staff

U.S. government officials are putting an early end to a study testing an Eli Lilly and Co. antibody drug for people hospitalized with COVID-19 because it doesn’t seem to be helping them. The Indianapolis-based drugmaker, however, is continuing to back the treatment.

Barrett confirmed to U.S. Supreme Court

October 26, 2020 | IL Staff and Associated Press

Seventh Circuit Court of Appeals judge and University of Notre Dame Law School professor Amy Coney Barrett was confirmed to the Supreme Court late Monday by a deeply divided Senate, with Republicans overpowering Democrats to install President Donald Trump’s nominee days before the election and secure a likely conservative court majority for years to come.

Opinions Oct. 26, 2020

October 26, 2020

The following 7th Circuit Court of Appeals was posted after IL deadline Friday.
Common Cause Indiana v. Connie Lawson, et al.
20-2877
Appeal from the U.S. District Court for the Southern District of Indiana, Indianapolis Division. Judge Richard Young.
Civil. Reverses preliminary injunction blocking Indiana from enforcing the 2019 amendments to Indiana Code sections 3-11.7-2, 3-11.7-3 and 3-11.7-4. Finds the amendments that prevent individual voters from petitioning state courts to extending polling hours on Election Day do not unconstitutionally burden Hoosiers’ fundamental right to vote. Rules because Indiana voters still can seek remedy in the courts under 42 U.S.C. section 1983, the amendments do not violate the Supremacy Clause. Holds even if voters have a liberty interest in statutorily established poll hours, the amendments do not deprive them of that interest. Finally, concludes that Purcell v. Gonzalez, 549 U.S. 1, 4 (2006) applies to the case at hand.

COA splits in ‘restraint on marriage’ trust dispute

October 26, 2020 | Katie Stancombe

A split appellate panel reversed in a trust dispute between siblings on Monday, concluding that the language in their mother’s trust regarding her son was ultimately a restraint on marriage and therefore void.

Indiana Lawyer 2021 Corporate Counsel Guide seeks submissions

October 26, 2020 | IL Staff

Corporate counsel, general counsel and attorneys representing entities of all kinds have less than a week to submit their information for the 2021 Corporate Counsel Guide, Indiana Lawyer’s exclusive annual directory of attorneys representing corporations, small businesses, nonprofits, government agencies and other organizations.

Man convicted of rape not denied an impartial jury, COA rules

October 26, 2020 | Katie Stancombe

The Indiana Court of Appeals has affirmed a Hancock County man’s conviction for felony rape, finding he was not denied an impartial jury, among other things.

3 magistrates named as finalists for Lake Superior Court vacancy

October 26, 2020 | IL Staff

The Lake County Judicial Nominating Commission has named three magistrate judges as finalists to fill an upcoming vacancy on the Lake County Superior Court bench.

7th Circuit upholds Indiana’s process for extending polling hours

October 26, 2020 | Marilyn Odendahl

The 7th Circuit Court of Appeals has upheld the amended Indiana election law that prohibits individual voters from asking state courts to extend voting hours on Election Day.

Democrats ask Pence to skip Barrett vote over COVID-19 risk

October 26, 2020 | Associated Press

A deeply torn Senate is set to confirm Amy Coney Barrett to the Supreme Court, but Democratic leaders are asking Vice President Mike Pence to stay away from presiding over Monday’s session due to potential health risks after his aides tested positive for COVID-19.

USDA approves Indiana’s plan for commercial hemp growing

October 26, 2020 | Associated Press

The U.S. Department of Agriculture has approved Indiana’s plan to allow farmers to commercially grow and process hemp. The plan will take the Office of the Indiana State Chemist’s pilot hemp program and transition it to one allowing for commercial hemp production.

Indiana provides first look at COVID-19 vaccination plans

October 26, 2020 | Associated Press

State health officials have released a first look at Indiana’s plan for distributing a COVID-19 vaccine, whenever one becomes available.

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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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