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Lawmakers reject no-excuse absentee voting, other election amendments

February 5, 2021 | Marilyn Odendahl

At least 13 bills dealing with election and voting have been introduced into the 2021 session of the Indiana General Assembly, but only three have received a hearing and none are addressing calls by Democrats for expanded absentee voting and easier access to early voting.

Opinions Feb. 5, 2021

February 5, 2021

Indiana Court of Appeals
Ronnie L. Brown v. State of Indiana
20A-CR-1550
Reverses the revocation of Ronnie L. Brown’s probation. Finds the Delaware Circuit Court did not abuse its discretion when it revoked Brown’s probation for having missed an undetermined number of appointments with his probation officer, but did abuse its discretion when it ordered Brown to serve the entire remaining term of 16 years and 205 days in the Department of Correction as a result of those technical violations. Remands to the trial court with instructions that the court sentence Brown in a manner commensurate with the severity of missed appointments with his probation officer.

Two lawyers suspended for non-cooperation with discipline investigations

February 5, 2021 | IL Staff

Two Hoosier lawyers have been indefinitely suspended from the practice of law for failure to cooperate with investigations of ethics grievances against them.

COA remands probation revocation based on ‘imprecise’ evidence

February 5, 2021 | Olivia Covington

An order that a Delaware County man serve nearly 17 years in the Department of Correction following technical probation violations has been reversed, with the Indiana Court of Appeals remanding for a resentencing not based on “imprecise” evidence.

Indiana lawmakers propose using cigarette tax for Medicaid

February 5, 2021 | Associated Press

A House committee made significant changes Thursday to the way Indiana would spend proceeds from a proposal to hike the state’s cigarette tax https://www.theindianalawyer.com/articles/indiana-lawmakers-discuss-doubling-cigarette-tax-rate for the first time in more than a decade and impose a new state tax on vaping liquids.

Voting company files $2.7B suit against Fox, Giuliani over election fraud claims

February 5, 2021 | Associated Press

A voting technology company is suing Fox News, three of its hosts and two former lawyers for former President Donald Trump — Rudy Giuliani and Sidney Powell — for $2.7 billion, charging that the defendants conspired to spread false claims that the company helped “steal” the U.S. presidential election.

Trump rejects Democrats’ request to testify at impeachment trial

February 5, 2021 | Associated Press

House Democrats asked Donald Trump to testify under oath for his Senate impeachment trial, challenging him to respond to their charge that he incited a violent mob to storm the Capitol. A Trump adviser said the former president won’t testify.

Democrat-led House, drawing a line, kicks Greene off committees

February 5, 2021 | Associated Press

A fiercely divided House tossed Rep. Marjorie Taylor Greene off both her committees Thursday, an unprecedented punishment that Democrats, joined by a handful of Republicans, said she’d earned by spreading hateful and violent conspiracy theories.

4/9 – Intellectual Property and Identity in Post Pandemic (virtual)

Intellectual Property Law Symposium This Symposium brings together leaders in Intellectual Property law and practice to assess the latest Supreme Court cases, policies and trends concerning the constantly evolving roles of intellectual property rights and their impact on individuals and corporations, shaping conversations on culture and corporate identities. Click here for agenda and additional details. […]

3/5 – Hot Topics in Environmental Law (virtual)

Environmental and Natural Resources Symposium Click here for agenda and additional details. Date: Friday, March 5, 2021 Time: 9:00 am – 12:15 pm (Eastern time) Credit hours: 3.0 General CLE (distance education) Cost: free (Click here to register.) Location: Zoom webinar Provider: Indiana University Robert H. McKinney School of Law Contact information: Beth Young [email protected]

2/26 – 2021 Health Law Conference: Older Adults & Aging with Dignity (virtual)

Hall Center for Law and Health The 2021 Health Law Conference will discuss how to ensure that our older adults age with the dignity they deserve. A keynote address by Tara Sklar will discuss what long-term care facilities must change in order to provide a more resilient long-term care system, especially in light of the […]

2/25 – International Law and Human Rights Under a New Administration (virtual)

Indiana International and Comparative Law Review Symposium As the United States welcomes a new administration under President Biden, the Indiana International & Comparative Law Review hosts a discussion on the administration’s direction regarding international law and human rights. Specifically, this evening’s speakers will start the conversation on the U.S. international law agenda, the coexistence of […]

Senate approves budget bill as Harris casts tie-breaking vote

February 5, 2021 | Associated Press

The Senate early Friday approved a budget that would allow fast-track passage of President Joe Biden’s $1.9 trillion coronavirus relief plan without support from Republicans. Vice President Kamala Harris was in the chair to cast the tie-breaking vote, her first.

Bill removing lawyers from Lake, St. Joseph judicial panels draws more fire

February 4, 2021 | Olivia Covington

Efforts to amend a bill that would fundamentally change the composition of the judicial nominating commissions in Lake and St. Joseph counties failed in the Indiana House on Tuesday, setting up the controversial legislation for a possible final House vote next week.

Opinions Feb. 4, 2021

February 4, 2021

Indiana Court of Appeals
Charles Wolfe, et al. v. Robert Agro
20A-PL-1242
Civil plenary. Reverses the Randolph Superior Court’s determination that Charles and Rachel Wolfe committed criminal conversion by knowingly exerting unauthorized control over Robert Agro’s property. Finds that Agro’s proper remedy is through the Uniform Partnership Act, not the Crime Victims Relief Act. Judge Elizabeth Tavitas dissents with separate opinion.

Fowl investment gone foul leads to reversal at COA

February 4, 2021 | Olivia Covington

Despite ruffled feathers among parties involved in a bird investment project, a nearly $40,000 judgment for the investor has been reversed after a split Indiana Court of Appeals determined the trial court applied the wrong law in awarding relief.

State lawmakers consider new emergency session rules

February 4, 2021 | Lindsey Erdody, Indianapolis Business Journal

State lawmakers have significantly amended a bill that would give the Legislature the authority to weigh in on policies made during a public emergency. The bill cleared a committee and now heads to the full House for consideration.

Indiana gets $12.5 million in opioid settlement with McKinsey & Co.

February 4, 2021 | Katie Stancombe

The Hoosier state will bring home $12.5 million in a multistate settlement with a consulting firm that played a major role working for opioid companies accused of profiting from the opioid epidemic, including Purdue Pharma, the Indiana Attorney General’s office announced Thursday.

Justices accepting disciplinary commission applications as Witte gets senior judge status

February 4, 2021 | IL Staff

The Indiana Supreme Court is now accepting applications for a new disciplinary commission executive director as the current director prepares to retire and take senior judge status.

Bill would require listing biological parents on birth certificates

February 4, 2021 | Marilyn Odendahl

A bill in the Legislature could reignite Indiana’s battle over birth certificates and possibly upend federal court rulings that allow married lesbian couples to have both their names listed as their children’s parents. Some attorneys, however, see numerous unintended consequences if the bill passes.

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In This Issue

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