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State has been reporting inaccurate COVID-19 positivity rate due to computational error

December 22, 2020 | Indianapolis Business Journal Staff

Indiana health officials have erred in reporting the state’s COVID-19 positivity rate since the beginning of the pandemic due to a problem with the way it was computed, resulting in a lower rate than would be accurate.

Opinions Dec. 22, 2020

December 22, 2020

Indiana Court of Appeals
Michael Wisdom v. State of Indiana
20A-CR-931
Criminal. Affirms Michael Wisdom’s 16-year sentence for his conviction of Level 4 possession of a schedule II narcotic drug and a gang-related sentencing enhancement. Finds Wisdom was not twice prosecuted for the same offense in violation of the Indiana Constitution. Also finds the Vanderburgh Circuit Court did not abuse its discretion by admitting into evidence posts from Facebook and Instagram.

COA upholds gang-related sentence enhancement

December 22, 2020 | Katie Stancombe

An Evansville man whose sentence was enhanced for gang-related activity could not convince the Indiana Court of Appeals that he was prosecuted twice for the same offense in violation of the Indiana Constitution.

Appeals panel splits on division of $1M retirement accounts in prenup dispute

December 22, 2020 | Katie Stancombe

A dispute over the terms of a prenuptial agreement has resulted in the division of part of a man’s nearly $1 million retirement accounts with his ex-wife. A dissenting judge, however, would not award the wife any portion of the retirement funds.

Alabama firm part of Dentons’ expansion

December 22, 2020 | IL Staff

Dentons’ Project Golden Spike initiative launched by the combination with the former Bingham Greenebaum Doll is preparing to roll through Alabama with plans to combine with Sirote & Permutt, a law firm with five locations in the state and 86 attorneys.

Statehouse rotunda appellate filing drop box available again

December 22, 2020 | IL Staff

The Indiana Statehouse rotunda filing drop box is once again accessible for appellate case filings as public access to the Statehouse has been reinstated, the Indiana Supreme Court and Indiana Court of Appeals have announced. As such, appropriate in-person filing at the clerk’s office is once again permitted.

Huntington Co. prosecutor to lead prosecutors’ association in 2021

December 22, 2020 | IL Staff

Huntington County Prosecutor Amy Richison will serve as president of the Association of Indiana Prosecuting Attorneys Inc. in 2021, the Indiana Prosecuting Attorneys Council has announced.

Supreme Court certifies, recertifies senior judges

December 22, 2020 | IL Staff

The Indiana Supreme Court has certified two additional judicial officers as senior judges for 2021.

Madison Co. council member charged with child pornography, solicitation

December 22, 2020 | Associated Press

A member of a central Indiana county council was charged Monday with child solicitation and possession of child pornography.

Indiana virus hospitalizations down but deaths remain high

December 22, 2020 | Associated Press

Indiana’s coronavirus-related hospitalizations continued their recent decline over the weekend, pointing to possible improvement even as the state’s daily rate of COVID-19 deaths has gone up slightly to a new high.

$900B COVID relief bill passed by Congress, sent to Trump

December 22, 2020 | Associated Press

Congress passed a $900 billion pandemic relief package that would finally deliver long-sought cash to businesses and individuals and resources to vaccinate a nation confronting a frightening surge in COVID-19 cases and deaths.

Opinions Dec. 21, 2020

December 21, 2020

Indiana Court of Appeals
Julianne Solomon, Personal Representative of The Estate of Paul J. Martin v. Lia Lindsey  
20A-PL-822
Civil plenary. Affirms the Marion Superior Court’s grant of summary judgment to Lia Lindsey concerning the rightful owner of the proceeds from an investment account held by Paul Martin and Lindsey as joint tenants with rights of survivorship. Finds the proceeds belong to Lindsey as the surviving joint account owner as a matter of law.

7th Circuit: Appellate waiver precludes Nigerian national’s appeal despite immigration risks

December 21, 2020 | Katie Stancombe

An appellate waiver in a plea agreement has resulted in the dismissal of an appeal from a Nigerian national who pleaded guilty to defrauding the U.S. government out of millions. The dismissal comes as the man now faces deportation due to his crimes.

Panel rejects Gary killer’s post-conviction appeal

December 21, 2020 | Dave Stafford

A Lake County man sentenced to 120 years in prison after he was convicted in a second jury trial of a 2013 murder and attempted murder lost his appeal claiming his defense counsel was ineffective.

Tax Court sinks claim for research credit

December 21, 2020 | Marilyn Odendahl

Arguments made by a custom boat builder along the Ohio River failed to float in a case of first impression after the Indiana Tax Court found the company did not qualify for the state’s research expense tax credit.

COA affirms wife must distribute $351K to late husband’s daughter

December 21, 2020 | Dave Stafford

The wife and personal representative of a man who died in 2018 must provide more than $351,000 she cashed from an account that a trial court ruled belonged to the deceased’s daughter, the Indiana Court of Appeals affirmed Monday.

Appellate court upholds $10K judgment for Wells Fargo for unpaid balance

December 21, 2020 | Katie Stancombe

The Indiana Court of Appeals has affirmed the grant of summary judgment to Wells Fargo Bank on breach of contract claims after one of its clients failed to pay more than $9,000 on a charge-card account.

7th Circuit affirms $0 judgment after previous ‘outrageous’ award of $1M

December 21, 2020 | Katie Stancombe

A man who was initially awarded $1 million by a jury for a run-of-the-mill car accident case will have to stick with the zero-dollar judgment he asked for in a new trial after the U.S. District Court for the Northern District of Indiana found the original verdict to be “outrageous.”

COA affirms admission of marijuana evidence after man consents to search

December 21, 2020 | Katie Stancombe

The denial of a man’s motion to suppress evidence of marijuana found on his person following a consented search during a traffic stop will stand, the Indiana Court of Appeals ruled in a Monday decision.

Appeals court affirms termination of mother’s parental rights

December 21, 2020 | Olivia Covington

A Marion County mother has failed to convince the Indiana Court of Appeals that her parental rights over her 13-year-old daughter should be reinstated.

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In This Issue

  • New bail legislation aims to weigh due process and public safety

  • Efforts to boost judicial safety gain steam after shooting

  • Appeals court to hear arguments over accidental release of depositional evidence to jury

Most Read
  • Firing squad, gas execution methods move out of Indiana House committee

  • Kokomo couple get a combined 50 years in prison for dealing deadly drugs

  • Tippecanoe County judge, wife in stable condition after being shot at their home

  • 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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