COA orders new hearing on $32K civil forfeiture
A Hancock County trial court must revisit the forfeiture of more than $32,000 related to a marijuana bust after the Indiana Court of Appeals found errors in various evidentiary rulings.
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Opinions Feb. 10, 2021
The following Indiana Supreme Court opinion was posted after IL deadline Tuesday:
Cooper’s Hawk Indianapolis, LLC d/b/a Cooper’s Hawk Winery & Restaurant v. Katherine Ray
21S-CT-56
Civil tort. Grants transfer and dismissal Cooper’s Hawk Winery & Restaurant’s appeal of the Marion Superior Court’s grant of summary judgment to Katherine Ray on her negligence complaint stemming from a slip-and-fall accident. Finds there are no extraordinarily compelling reasons to restore the forfeited untimely appeal. Remands to the trial court for further proceedings.
Indiana panel OKs bill that sets statewide standards on renewable energy projects
A bill that would set statewide standards for large wind and solar projects in Indiana passed a House committee on Wednesday morning, following a passionate debate between renewable energy advocates and a group of residents and local officials who said the bill would take away local control.
Democrats: Trump ‘inciter in chief’ of Capitol attack
Prosecutors in Donald Trump’s impeachment trial said Wednesday they would prove that Trump was no “innocent bystander” but the “inciter in chief” of the deadly attack at the Capitol aimed at overturning his election loss to Joe Biden.
Indianapolis IP attorney leaves big law to start new firm
After a career practicing in large Indianapolis law firms, intellectual property attorney Amie Peele has broken the “unspoken rule” that partners must retire from big law and instead decided to start her own firm.
House amends COVID liability bill, prepares for final vote
Legislation to provide businesses and individuals with protection from COVID-related civil liability is getting closer to the governor’s desk, with the Indiana House amending the bill and setting it up for a final House vote Thursday.
Supreme Court dismisses restaurant negligence appeal on timeliness grounds
A trial court order denying judgment to an Indianapolis restaurant sued for negligence has been reinstated, with the Indiana Supreme Court finding no reason to allow the restaurant’s forfeited appeal of the order to proceed.
Indiana Senate passes bill to require FAFSA submission
| Associated Press and IL Staff
A bill that would require students at public schools to complete the Free Application for Federal Student Aid advanced to the Indiana House after lawmakers approved the measure in a Senate vote Tuesday.
Senators to hear opening arguments as Trump fumes over impeachment trial
Opening arguments begin Wednesday in Donald Trump’s impeachment trial after an emotional first day that wrenched senators and the nation back to the deadly Jan. 6 attack on the U.S. Capitol.
Attorney-at-paw? Filter during Zoom hearing makes lawyer appear as cat
A West Texas judge has a word of caution to those attending court hearings via Zoom: Always check for filters before logging on. The advice came after a Texas lawyer had difficulty removing the filter during the hearing, assuring the judge, “I’m here live. I’m not a cat.”
2/18 – Planning Considerations in an Era of Uncertainty (webinar)
Speakers: • Justine Overturf Singh, Fifth Third Private Bank • Elizabeth A. Schlueter, Schlueter Breman LLC Date: Thursday, February 18, 2021 Time (local time): 4:00 pm – 5:00 pm Credit hours: 1.0 CLE Cost: Click here or visit www.indybar.org for program costs Location: Zoom Webinar A Zoom link will be included in your registration confirmation […]
2/10 – Straight Talk from the Statehouse: Lawyer-Legislator Update, Part 1 (webinar)
Click here for speakers and agenda. Date: Wednesday, February 10, 2021 Time (local time): 9:00 am – 10:00 am Credit hours: 1.0 CLE Cost: Click here or visit www.indybar.org for program costs Location: Zoom Webinar A Zoom link will be included in your registration confirmation email and resent the day of the program. Provider: Indianapolis […]
2/17 – Straight Talk from the Statehouse: Lawyer-Legislator Update, Part 2 (webinar)
Click here for speakers and agenda. Date: Wednesday, February 17, 2021 Time (local time): 9:00 am – 10:00 am Credit hours: 1.0 CLE Cost: Click here or visit www.indybar.org for program costs Location: Zoom Webinar A Zoom link will be included in your registration confirmation email and resent the day of the program. Provider: Indianapolis […]
Indy lawyer seeks to keep Trump election challenge alive at SCOTUS
As the impeachment trial of former President Donald Trump on a count of incitement of insurrection began Tuesday, his Indianapolis lawyer who asked the United States Supreme Court to overturn election results in Wisconsin pleaded anew for the high court to keep the case alive because Trump may run again for president.
Opinions Feb. 9, 2021
Indiana Court of Appeals
Travis W. Phelps v. State of Indiana (mem. dec.)
20A-CR-831
Criminal. Affirms Travis Walker Phelps’ convictions for murder and attempted murder but reverses his firearm enhancement. Finds the trial court did not abuse its discretion in instructing the jury or admitting evidence. Also finds that the Vanderburgh Superior Court failed to advise Phelps of his rights and therefore Phelps did not knowingly, intelligently and voluntarily waive his right to a jury trial on the enhancement. Remands for a new proceeding on the firearm enhancement.
Indiana House panel OKs bill recognizing tribal court orders
For the second year in a row, the Indiana House Judiciary Committee has endorsed legislation to extend full faith and credit to tribal orders issued in Indiana by the Pokagon Band of the Potawatomi Indians.
House panel advances pregnancy accommodations bill with virtually no mandates
Indiana lawmakers are moving forward with a pregnancy accommodations bill that won’t require businesses to make any adjustments for workers. Some legislators advocated for a measure that they said would offer pregnant workers more meaningful protections.
Indiana deaths jumped by 18% during 2020 amid pandemic
A larger surge of coronavirus deaths in Indiana during December than was initially reported contributed to an 18% jump in the state’s overall deaths during 2020.
Justices to hear case ordering confidential informant to sit for defense interview
| IL Staff
An order requiring a confidential informant to sit down for a face-to-face interview with defense counsel will be reviewed by Indiana’s highest court after justices granted transfer to the Marion County case.
Tennessee man charged in 1992 slayings of Gary woman, daughter, 4
A Tennessee man has been charged with murder in the 1992 fatal shootings of a Gary woman and her 4-year-old daughter, the FBI said Monday.