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Opinions Dec. 23, 2020

December 23, 2020

The following Supreme Court opinion was posted after IL deadline on Tuesday.
Brian J. Allen v. State of Indiana
20S-XP-506
Expungement. Reverses the Dearborn Superior Court’s order denying Brian Allen’s petition for expungement and remands with instructions for the court to reconsider its decision consistent with the Supreme Court’s opinion. Finds Allen was eligible for an expungement and that the trial court didn’t indicate why it denied Allen’s petition for expungement. 

 

Justices reverse, remand denial of expungement petition

December 23, 2020 | Katie Stancombe

A trial court has been ordered to reconsider its decision to deny a man his petition for expungement of a crime he committed nearly 20 years ago after the Indiana Supreme Court found him to be eligible.

COA affirms new rape sentence consecutive to other cases

December 23, 2020 | Katie Stancombe

The Indiana Court of Appeals has affirmed a new sentencing order that cut a man’s decades-long rape sentence by more than half, finding that the trial court has authority to order his new sentence run consecutively to sentences for his other convictions.

Split COA reverses post-conviction denial in teen murder case

December 23, 2020 | Katie Stancombe

A split Indiana Court of Appeals has reversed the denial of a teenager’s petition for post-conviction relief of his murder conviction, finding his attorneys performed deficiently in a 2017 trial related to the fatal shooting of a South Bend toddler.

Charlestown, residents reach agreement in Pleasant Ridge code enforcement lawsuit

December 23, 2020 | Olivia Covington

The nearly four-year legal battle over allegations that the southern Indiana city of Charlestown used unconstitutional code enforcement tactics to force a group of neighborhood residents out of their homes has been resolved with a settlement agreement requiring the city to act “reasonably” in its enforcement of local codes.

Plaintiffs in protracted CAFO litigation hit with counterclaim

December 23, 2020 | Marilyn Odendahl

Farmers and neighbors who battled over an 8,000-hog confined animal feeding operation in Hendricks County are starting a second round of fighting with the farmers filing a counterclaim, arguing the lawsuit brought by their neighbors and litigated for multiple years through four courts was “frivolous.”

Punch Bowl Social restaurant chain files for bankruptcy

December 23, 2020 | Susan Orr, Indianapolis Business Journal

The restaurant-and-entertainment chain Punch Bowl Social, whose Indianapolis location at 120 S. Meridian St. in Circle Centre mall has been closed since the start of the pandemic, has filed for Chapter 11 bankruptcy reorganization.

Man loses constitutionality appeal of child-porn conviction

December 23, 2020 | Dave Stafford

Indiana’s child pornography statute is not unconstitutionally vague, the Indiana Court of Appeals ruled Wednesday, rejecting a northern Indiana man’s challenge to his conviction. The appeals court also found the evidence against the defendant was supported a jury’s guilty verdict.

FBI: Purdue student, white supremacists plotted attack on US power grid

December 23, 2020 | Associated Press

White supremacists plotted to attack power stations in the southeastern U.S., and an Ohio teenager who allegedly shared the plan said he wanted the group to be “operational” on a fast-tracked timeline if President Donald Trump were to lose his re-election bid, the FBI alleges in an affidavit that was mistakenly unsealed.

Trump pardons 15, commutes 5 sentences, including GOP allies

December 23, 2020 | Associated Press

President Donald Trump has pardoned 15 people, including a pair of congressional Republicans who were strong and early supporters, a 2016 campaign official ensnared in the Russia probe and former government contractors convicted in a 2007 massacre in Baghdad.

Lawsuit challenges Indiana laws on disposal of fetal remains

December 23, 2020 | IL Staff and Associated Press

An Indianapolis abortion clinic is suing the state of Indiana, challenging provisions of a state law upheld last year by the U.S. Supreme Court requiring fetal remains to be buried or cremated after an abortion.

Trump threatens to torpedo COVID relief with new demands

December 23, 2020 | Associated Press

President Donald Trump late Tuesday threatened to torpedo Congress’ massive COVID-19 relief package in the midst of a raging pandemic and deep economic uncertainty, suddenly demanding changes fellow Republicans have opposed.

Web Exclusive: Setbacks don’t hinder Bloomington free expungement provider

December 23, 2020 | Katie Stancombe

Indiana University Maurer School of Law graduates who last year started an expungement help desk marked scores of personal victories through their work under trying circumstances and hope to build on early successes that helped clients in dozens of counties.

expunge

Acting to ensure integrity: New prosecutor’s unit to investigate wrongful conviction claims

December 23, 2020 | Katie Stancombe

Marion County Prosecutor Ryan Mears announced this month that his office will establish the Conviction Integrity Unit in early 2021 to prevent, identify and correct wrongful convictions. The new unit will consist of one attorney, an investigator and a paralegal and be the first of its kind in Indiana, according to the National Registry of Exonerations.

‘It all starts with the family’

December 23, 2020 | Marilyn Odendahl

With a pending move to a new courthouse, Marion County Courts are launching a new family division that aims to follow a one family, one judge model.

Year in Review: COVID-19 changed our lives, dominated 2020 news

December 23, 2020 | Dave Stafford

Despite a landmark election, a Hoosier’s appointment to the United States Supreme Court and countless major developments in the Indiana legal community, this year belonged to the coronavirus, Indiana Lawyer’s top story of 2020.

Indiana commercial courts branching out

December 23, 2020 | Olivia Covington

Indiana’s commercial court docket is expanding for the first time, with four new venues opening in 2021. Hamilton, Madison, St. Joseph and Vigo counties will join Allen, Elkhart, Floyd, Lake, Marion and Vanderburgh counties in offering the specialized business dockets.

Year in Review: COVID aside, Barrett’s ascent to SCOTUS tops year’s biggest legal news stories

December 23, 2020 | Dave Stafford

COVID may have seemed like the only thing that happened in 2020, but for Indiana’s legal community, the past year brought watershed developments that will be with us for years to come, many of which were touched directly by the pandemic. Here are the Top 10 non-coronavirus Indiana legal news stories as determined by consensus of the Indiana Lawyer editorial staff.

Community Justice Campus nears completion

December 23, 2020 | Marilyn Odendahl

Marion County’s ambitious plan to put the various pieces of the local justice system onto a single campus is on schedule to be completed at the end of 2021. The Indianapolis-Marion County Community Justice Center, located just southeast of downtown in the Twin Aire neighborhood, will be home to the county jail, the sheriff’s office and the county courthouse. Earlier this year, the Assessment and Intervention Center opened and is treating individuals with mental health and addiction issues.

Year in Review: What Indiana Lawyer readers most read in 2020

December 23, 2020 | Dave Stafford

While COVID-19 dominated the headlines in the past year, Indiana Lawyer readers had a bounty of other news during an eventful year. Here are the 50 most-read editorial stories posted on theindianalawyer.com during 2020 through Dec. 8, originating either on our website or in our print edition.

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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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