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COA rules against gun range owners despite officials’ failure to take oaths

January 22, 2021 | Olivia Covington

Though certain Jefferson County officials failed to take their oaths of office, that failure does not invalidate the officials’ zoning complaint against a local couple, the Indiana Court of Appeals has ruled.

Supreme Court creates rule for appointing commercial court judges

January 22, 2021 | IL Staff

As Indiana’s commercial court program expands, the Indiana Supreme Court is implementing new rules to govern the appointment of judges to the specialized dockets.

7th Circuit affirms dismissal of debt collection challenge for lack of injury

January 22, 2021 | Olivia Covington

Though an Indiana woman defeated a debt collector’s claim for arbitration, her lawsuit challenging the creditor’s debt collection practices lacks standing, the 7th Circuit Court of Appeals has affirmed, dismissing the case that previously had been remanded to the Southern District.

Biden ordering stopgap help as talks start on big aid plan

January 22, 2021 | Associated Press

President Joe Biden plans to take executive action Friday to provide a stopgap measure of financial relief to millions of Americans while Congress begins to consider his much larger $1.9 trillion package to help those affected by the coronavirus pandemic.

Schumer: House to send Trump impeachment article Monday

January 22, 2021 | Associated Press

House Speaker Nancy Pelosi plans to send the article of impeachment against Donald Trump to the Senate on Monday, launching the start of the former president’s trial on a charge of incitement of insurrection over the deadly Capitol riot.

Supreme Court clears Barnes attorney Mackey in discipline case

January 22, 2021 | Dave Stafford

The Indiana Supreme Court has cleared a well-known attorney and former federal prosecutor of misconduct charges stemming from a nearly decade-old matter. The court found Thursday “that the allegations of misconduct were not proven” in a one-page judgment in favor of Barnes & Thornburg partner Larry Mackey.

Democrats ask ethics panel to investigate Sens. Cruz, Hawley

January 22, 2021 | Associated Press

Seven Democratic senators on Thursday asked the Senate Ethics Committee to investigate the actions of Republican Sens. Ted Cruz and Josh Hawley “to fully understand their role” in the Jan. 6 insurrection at the Capitol by supporters of former President Donald Trump.

Family can pursue discrimination lawsuit against HOA

January 21, 2021 | Marilyn Odendahl

An African American family who claims to have been subjected to race-based harassment, taunts and threats from a neighbor in their Indianapolis subdivision can move forward with their lawsuit after a federal judge denied the homeowners association’s request to toss the case.

3/4 – Applied Professionalism for Young Lawyers (webinar)

Program Chairs: Fred Schultz, Greene & Schultz Trial Lawyers Kelley Johnson, Law Office of Kelley J. Johnson, LLP Click here for full agenda. Date: Thursday, March 4, 2021 Time (local time): 8:45 am – 5:00 pm Credit hours: 6.25 Applied Professionalism Credits for New Lawyers 6.25 Ethics Hours for Lawyers in the bar more than […]

Indiana prosecutor at Trump rally says she paid for her trip

January 21, 2021 | Marilyn Odendahl

After releasing a letter affirming she attended former President Donald Trump’s Jan. 6 rally in Washington, D.C., that preceded a violent assault on the nation’s Capitol, Lynn Deddens, prosecutor for Dearborn and Ohio counties, is not answering questions or responding to calls from some for her resignation.

Opinions Jan. 21, 2020

January 21, 2021

Indiana Court of Appeals

Herbert C. Haggard and Alice M. Haggard v. State of Indiana and Jerry L. Hillenburg and Morgan County, Indiana

20A-PL-1502

Civil plenary. Affirms the Morgan Circuit Court’s order appropriating land for the improvement of Interstate 69 in which Herbert and Alice Haggard had interest in an easement over the property. Finds the trial court did not err when it overruled the Haggards’ objections to the state’s complaint and their motion to vacate the order of appropriation.

Appeals court lets stand contested court order for I-69 land

January 21, 2021 | Dave Stafford

A Morgan County couple lost their challenge of a court order appropriating land in which they had an easement interest for the construction of the new final leg of Interstate 69.

State seeks to make it easier for Hoosiers to age at home rather than nursing homes

January 21, 2021 | John Russell, Indianapolis Business Journal

Indiana officials say they want to make it possible for more Hoosiers to age at home rather than at nursing homes, especially as the pandemic continues to sweep across America.

Time, transparency needed as Biden inherits frazzled census

January 21, 2021 | Associated Press

Battered by criticism that the 2020 census was dangerously politicized by the Trump administration, the U.S. Census Bureau under a new Biden administration has the tall task of restoring confidence in the numbers that will be used to determine funding and political power.

Ex-lawyer accused of stealing from estate scrutinized for land deals

January 21, 2021 | Dave Stafford

A one-time northern Indiana judge and lawyer who resigned amid a disciplinary case alleging he and his law firm stole hundreds of thousands of dollars from a widow client’s estate may have used ill-gotten money to pay down his home mortgage, a court filing suggests.

Pence returns to Columbus hometown as vice presidency ends

January 21, 2021 | Associated Press

Former Vice President Mike Pence returned Wednesday to his Indiana hometown of Columbus, where he told a small crowd of family members and supporters that serving in the White House was the greatest honor of his life.

Biden to sign virus measures, requires mask use to travel

January 21, 2021 | Associated Press

Deep in the deadliest coronavirus wave and facing worrisome new strains, President Joe Biden will initiate a national COVID-19 strategy to ramp up vaccinations and testing, reopen schools and businesses and increase the use of masks — including a requirement that Americans mask up for travel.

Buttigieg aims for ‘generational’ change at Transportation

January 21, 2021 | Associated Press

President Joe Biden’s nominee for secretary of transportation, former South Bend Mayor Pete Buttigieg, is pledging to carry out the administration’s ambitious agenda to rebuild the nation’s infrastructure, calling it a “generational opportunity” to create new jobs, fight economic inequality and stem climate change.

Ratcliff sues Indiana Gaming Commission for suspending his license

January 20, 2021 | Lindsey Erdody, Indianapolis Business Journal

Longtime casino executive Rod Ratcliff is suing the Indiana Gaming Commission for suspending his gaming license last month. The suit alleges the situation has jeopardized a the opening of a new casino in Gary.

Opinions Jan. 20, 2020

January 20, 2021

Indiana Court of Appeals
Steven P. Smith v. State of Indiana
20A-CR-1014
Criminal. Affirms Steven P. Smith’s conviction of Level 6 felony operating while intoxicated and the finding that he was a habitual vehicular substance offender. Finds the Elkhart Superior Court did not abuse its discretion when it held the jury trial in Smith’s absence because Smith knowingly and voluntarily waived his right to be present. Also finds the trial court did not commit fundamental error when it informed prospective jurors that the court has personally advised Smith of the trial date a few weeks prior.

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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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