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Opinions Sept. 24, 2020

September 24, 2020

Indiana Court of Appeals
Joel Barrozo v. State of Indiana
19A-CR-2037
Criminal. Vacates one of Joel Barrozo’s reckless driving convictions due to double jeopardy grounds. Remands to St. Joseph Superior Court with instructions to vacate one of those convictions and to resentence accordingly. However, affirms his remaining convictions for three counts of Level 5 felony reckless homicide, Class A misdemeanor reckless driving, and one count of Class A misdemeanor leaving the scene of an accident.

Dozens file court support for gay teacher in fight with Archdiocese of Indianapolis

September 24, 2020 | Marilyn Odendahl

The fight over a teacher at Cathedral High School who was fired for being in a same-sex marriage is highlighting a split between conservative and progressive members of the Catholic faith with several members of the Indiana legal community — including a former 7th Circuit Court of Appeals Judge and an Indiana attorney prominent in Republican politics — now adding their voices in opposition to the Archdiocese of Indianapolis.

Misdemeanor conviction vacated for man in fatal three-car crash

September 24, 2020 | Katie Stancombe

A man who fled the scene of a three-vehicle crash that killed three people and seriously injured two others has had one of his reckless driving convictions vacated on double jeopardy grounds, the Indiana Court of Appeals ruled Thursday.

Suit: Challenged law may invalidate tens of thousands of Indiana mail-in ballots

September 24, 2020 | Dave Stafford

An estimated 10,000 Hoosiers’ mail-in absentee ballots were rejected as “late” during Indiana’s 2020 primary election under a disputed Indiana law, suggesting multiple times more ballots may be thrown out in the Nov. 3 general election, groups challenging the law in federal court contend.

Software provider to Indiana courts, state and local governments hacked

September 24, 2020 | Associated Press and IL Staff

A major provider of software services to state, county and local governments, including the online publishing of election results and the online records system for Indiana state courts, told customers Wednesday that an unknown intruder broke into its phone and information technology systems.

Former union head sentenced for ordering assault on workers

September 24, 2020 | Associated Press

A former Indiana union leader was sentenced Wednesday to 42 months in prison for his role in an assault on a group of nonunion ironworkers at a church.

Lawyer: Case of Black inmate set to die reveals racial bias

September 24, 2020 | Associated Press

The lawyer for the first Black inmate scheduled to die this year as part of the Trump administration’s resumption of federal executions says race played a central role in landing her client on death row for slaying a young white Iowa couple and burning them in the trunk of their car.

Long lines of mourners pay respects to Ginsburg at Supreme Court

September 24, 2020 | Associated Press

With crowds of admirers swelling outside, Supreme Court Justice Ruth Bader Ginsburg was remembered Wednesday at the court by grieving family, colleagues and friends as a prophet for justice who persevered against long odds to become an American icon. Ginsburg “wanted to be an opera virtuoso, but became a rock star instead,” Chief Justice John Roberts said.

Dismay over Breonna Taylor spills into America’s streets

September 24, 2020 | Associated Press

Anger, frustration and sadness over the decision not to charge police officers for Breonna Taylor’s death poured into America’s streets as protesters lashed out at a criminal justice system they say is stacked against Black people. Violence seized the demonstrations in her hometown of Louisville as gunfire rang out and wounded two police officers. Protests in Indianapolis remained peaceful.

Five nominated for St. Joseph Superior Court judgeship

September 24, 2020 | IL Staff

Two magistrate judges, two attorneys in private practice and a South Bend city attorney have been nominated to fill a pending vacancy on the St. Joseph Superior Court.

Judge blocks Indiana law restricting who may seek polling hour extension

September 23, 2020 | IL Staff

A federal judge has blocked a 2019 Indiana law restricting who may seek to extend polling-place hours due to conditions that prevent voters from casting a ballot.

Opinions Sept. 23, 2020

September 23, 2020

Indiana Court of Appeals
Bryan L. Flowers v. State of Indiana
19A-CR-322
Criminal. Affirms Bryan Flowers’ aggregate 85-year sentence for conviction of murder. Finds the Allen Superior Court did not abuse its discretion and that the sentence is not inappropriate based on the nature of the offense and Flowers’ character.

Holcomb moving Indiana to Stage 5 of recovery plan, but extends mask mandate

September 23, 2020 | Indianapolis Business Journal Staff and Associated Press

Indiana Gov. Eric Holcomb on Wednesday said he was moving Indiana to Stage 5 of the Back on Track recovery plan starting Saturday, but was extending the state’s pandemic mask order through at least Oct. 17.

ISBA section calls for nonviolent sentencing reforms

September 23, 2020 | Olivia Covington

More than six years after sweeping criminal code reforms were enacted in Indiana, a section of the Indiana State Bar Association is calling for additional sentencing reforms to establish parity with those who received longer sentences before the reforms were enacted.

Man’s 85-year sentence for murder will stand, COA rules

September 23, 2020 | Katie Stancombe

The Indiana Court of Appeals has affirmed a man’s 85-year prison sentence after he was found guilty of shooting an individual in the face at a party and killing him.

1 officer indicted in Breonna Taylor case but not for her death

September 23, 2020 | Associated Press and Indianapolis Business Journal Staff

Officials in Louisville and communities throughout Kentucky, Indiana and Illinois are preparing for more protests and possible unrest as the public nervously awaits the Kentucky attorney general’s announcement about whether he will charge officers in Breonna Taylor’s shooting death.

Attorneys wrap up annual lawyer’s softball league

September 23, 2020 | Katie Stancombe

Beneath a bright orange sunset, dozens of Indiana lawyers scattered across the field as Lee Christie, a partner at Cline Farrell Christie & Lee, stepped up to bat.

Bar owners sue Indianapolis over ‘arbitrary and unreasonable’ pandemic rules

September 23, 2020 | Samm Quinn, Indianapolis Business Journal

The owners of 20 Marion County bars and nightclubs are suing Indianapolis, Mayor Joe Hogsett, and the Marion County Public Health Department and its director, Dr. Virginia Caine, over COVID-19 pandemic restrictions that they say violate their constitutional rights.

Suit seeks $3M in damages over alleged wrongful DCS actions

September 23, 2020 | Dave Stafford

Indianapolis parents who claim the Indiana Department of Child Services wrongly removed their children from the home over allegedly false accusations of sexual abuse have filed a federal lawsuit against the agency seeking $3 million in damages.

Birch Bayh’s bid to end Electoral College recalled at IU McKinney lecture

September 23, 2020 | Marilyn Odendahl

At the Indiana University Robert H. McKinney School of Law 2020 Birch Bayh Lecture, journalist and author Jesse Wegman recounted the late Sen. Birch Bayh’s nearly successful attempt at abolishing the Electoral College and letting Americans elect the president directly.

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In This Issue

  • Is mid-decade redistricting legal? Indiana Democrats prepare court challenge

  • Immigrant detainees denied bond hearings under new ruling

  • Protests, speech on college campuses under federal, state scrutiny

Most Read
  • Indianapolis attorney suspended for charging, collecting unreasonable fee 

  • Howard County judge permanently banned from judicial service

  • Indiana attorney Zuckerberg sues Meta over accusations he’s impersonating Facebook founder

  • Will U.S. Supreme Court hear request to overturn landmark decision on same-sex marriage?

  • Mediator picked to help settle disciplinary case against AG Todd Rokita

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