Supreme Court puts curbside voting on hold in Alabama
The US Supreme Court on Wednesday put on hold a lower court order that would have permitted curbside voting in Alabama in November.
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GOP-led Senate panel advances Barrett despite Democrats’ boycott
The Senate Judiciary Committee voted Thursday to advance Amy Coney Barrett’s Supreme Court nomination to the full Senate as Republicans powered past Democrats’ boycott of the session. A full Senate vote to confirm the 7th Circuit Court of Appeals judge and Notre Dame law professor is scheduled Monday.
In ‘painful’ case posing ‘terrifying precedent’, COA reverses mom’s TPR, lets dad’s stand
The Indiana Court of Appeals in a decision admonishing the Indiana Department of Child Services has reversed the termination of a mother’s parental rights to her son, while upholding the termination of his father’s parental rights in a separate case.
Opinions Oct. 21, 2020
Indiana Supreme Court
Stanley V. Watson v. State of Indiana
20S-CR-64
Criminal. Reverses the denial of Stanley Watson’s motion to dismiss a retrial of the habitual offender allegation against him for violations of Indiana Criminal Rule 4(C). Finds that although Criminal Rule 4(C) does not apply to a habitual offender retrial, Watson’s constitutional right to a speedy trial in Ripley Circuit Court was violated by the extraordinary six-plus-year delay in beginning his retrial. Remands with instructions to vacate Watson’s habitual offender enhancement. Justice Geoffrey Slaughter concurs except as to Part II.C. without separate opinion.
Casino wins appeal against injured worker awarded $76K
An injured Chinese national awarded more than $76,000 in disability discrimination damages lost those winnings Wednesday as the Indiana Court of Appeals reversed in favor of the southern Indiana casino that had employed her.
Reversal: Disorderly conduct conviction violated Indiana Constitution
A woman convicted of disorderly conduct as police intervened in a neighbor’s domestic dispute secured a reversal Wednesday, with the Indiana Court of Appeals finding the woman’s right to free political expression under the state Constitution had been violated.
Reversal: Trial court can consider merits of sentence modification motion
The Indiana Court of Appeals has reversed for a convicted man seeking to modify his sentence, finding that the Elkhart Superior Court erred when it determined that it lacked the statutory authority to consider the merits of his motion.
Appeals court affirms injunction against Clarksville’s Theatre X
A Clarksville adult entertainment venue ordered to cease operations due to local ordinance violations lost its appeal of an injunction Wednesday.
COA upholds sentence in domestic battery, tasing case
Sentences totaling more than seven years have been affirmed for an Allen County man who tased a woman he began dating after meeting on Facebook, the Indiana Court of Appeals ruled Wednesday.
Justices vacate habitual offender enhancement after 6-year delay in retrial
A man serving an 80-year sentence for a drug conviction will have his sentence reduced to 50 years after the Indiana Supreme Court ordered that his habitual offender enhancement be vacated.
LSAT staying remote; Indiana Bar Exam still deciding
Citing the “continuing uncertainty and disruption of the COVID-19 emergency,” the Law School Admission Council has announced that all the remaining LSAT exams will be delivered remotely instead of in-person through April 2021.
Barrett was trustee at private school with anti-gay policies
Supreme Court nominee Amy Coney Barrett served for nearly three years on the board of private Christian schools that effectively barred admission to children of same-sex parents and made it plain that openly gay and lesbian teachers weren’t welcome in the classroom.
Indiana governor faces debate challenges over virus actions
Indiana Gov. Eric Holcomb took on conservative criticism over his coronavirus pandemic orders as he faced his two reelection challengers in a televised debate Tuesday night.
Opinions Oct. 20, 2020
Indiana Court of Appeals
Jordan Allen Temme v. State of Indiana
20A-CR-275
Criminal. Affirms the denial of Jordan Allen Temme’s motion for the Vanderburgh Superior Court to apply the doctrine of “credit for time erroneously at liberty” after he was erroneously released from incarceration. Finds that the Department of Corrections’ inadvertent and quickly discovered error does not operate under the law of the state to cancel any part of Temme’s punishment for the crimes for which he was justly convicted and sentenced. Also finds the trial court did not err in denying Temme’s motion.
TPR affirmed for father with drug, arrest problems
The Indiana Court of Appeals affirmed on Tuesday the termination of a St. Joseph County father’s parent-child relationship with his daughter after finding no due process violations against him.
COA affirms reincarceration of man erroneously released years early
A man who was erroneously released from prison more than two years early must return to the Department of Correction after the Indiana Court of Appeals declined to adopt a doctrine that would award him credit for the time he was free.
Marion Superior Judge Borges to retire; application period opens
| IL Staff
Applications are available for an upcoming judicial position on the Marion Superior Court that will occur when Judge Lisa Borges retires at the end of the year.
Indiana clerk refuses to wear mask while administering polls
A county clerk in rural Indiana says she will not wear a mask while overseeing early voting despite the county’s surge of coronavirus cases and warnings from a state official.
Killer’s appeal rejected in rural Dubois Co. stabbing death
A man convicted of stabbing his girlfriend to death in rural Dubois County lost his appeal Tuesday that challenged the evidence admitted and excluded at his trial and the manner in which the jury was instructed.
Indiana GOP candidate’s Facebook post condemned by party leaders
Republican officials have denounced a Facebook posting by one of the party’s Indiana congressional candidates about white supremacy.