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Federal judge casts doubt on Indiana lawyers’ Trump Wisconsin lawsuit

December 10, 2020 | Associated Press and IL Staff

A federal judge Thursday cast doubt on President Donald Trump’s lawsuit filed by Indiana Lawyers that seeks to overturn President-elect Joe Biden’s win in Wisconsin, saying siding with Trump would be “the most remarkable ruling in the history of this court or the federal judiciary.”

Opinions Dec. 10, 2020

December 10, 2020

The following Indiana Supreme Court opinion was posted after IL deadline on Wednesday:
Clinton Loehrlein v. State of Indiana
20S-CR-376
Criminal. Affirms Clinton Loehrlein’s murder and attempted murder convictions and the the Vanderburgh Circuit Court’s finding that he was not insane at the time he murdered his wife and attempted to kill his daughters. Finds that the attorney juror in his trial did commit gross misconduct by falsely answering a juror questionnaire, but that given the facts and circumstances of the case, including the strong evidence of Loehrlein’s sanity, it is not likely he was harmed.

Kirsch nomination to succeed Barrett on 7th Circuit moves to full Senate

December 10, 2020 | Marilyn Odendahl

The nomination of Hoosier Thomas Kirsch II to the 7th Circuit Court of Appeals was approved Thursday by the Judiciary Committee and will be sent to the U.S. Senate for a confirmation vote.

COA reversal awards Carmel pizzeria owner $197K, potential treble damages

December 10, 2020 | Katie Stancombe

A panel of the Indiana Court of Appeals has reversed a judgment against a Hamilton County pizzeria company’s owner after finding the trial court erred in concluding that he failed to establish money damages for his partners’ acts of forgery and counterfeiting related to the business, among other things, awarding more than $197,000 in damages and over $21,000 in legal fees.

COA: Intelligence text exclusion not abuse of discretion in residential entry case

December 10, 2020 | Katie Stancombe

The Indiana Court of Appeals has affirmed a Lawrence County man’s residential entry conviction, finding the exclusion of his psychological assessment from evidence was not an abuse of discretion.

Inmate scheduled for Thursday execution asks 7th Circuit for a stay

December 10, 2020 | Olivia Covington

With mere hours left before his scheduled execution, Brandon Bernard is awaiting a decision from the 7th Circuit Court of Appeals that could delay his death by lethal injection.

Justices grant transfer in one case, decline 21 others

December 10, 2020 | IL Staff

Indiana Supreme Court justices declined to hear 21 cases of out 22 petitions for transfer last week, agreeing to hear just one case concerning a man’s lookalike drug-related conviction in a search and seizure dispute.

Murder conviction COA vacated over attorney juror’s misconduct reinstated

December 10, 2020 | Katie Stancombe

Indiana Supreme Court justices affirmed Wednesday that a Vanderburgh County man who murdered his wife was not harmed when an attorney juror in his trial committed gross misconduct. The high court reinstated the man’s convictions that had been vacated by the Indiana Court of Appeals over the attorney’s misconduct in providing a misleading answer on a jury questionnaire.

Indiana attorneys for Trump at Wisconsin election challenge hearing today

December 10, 2020 | Marilyn Odendahl

President Donald Trump’s legal team from Kroger Gardis & Regas LLP in Indianapolis will be appearing in federal court in Wisconsin today as the attorneys try to overturn the November election results that showed President-elect Joe Biden won the Badger state.

Despite Trump’s venting and threats, Biden’s win is sealed

December 10, 2020 | Associated Press and IL Staff

There’s plenty of noise but no cause for confusion as President Donald Trump vents about how the election turned out and vows to subvert it even still.

High court takes on Fannie, Freddie presidential power case

December 10, 2020 | Associated Press

The Supreme Court of the United States wrestled Wednesday with a case that could make it easier for the president to fire the head of the agency that oversees government-controlled mortgage giants Fannie Mae and Freddie Mac.

Top Indiana GOP lawmaker tests positive for COVID-19

December 10, 2020 | Lindsey Erdody, Indianapolis Business Journal

Indiana House Speaker Todd Huston has tested positive for COVID-19, his office announced Thursday morning.

Indiana reinstating surgery limits amid COVID-19 surge

December 10, 2020 | Associated Press and IL Staff

Indiana’s hospitals will have to postpone elective surgeries starting next week under an order Gov. Eric Holcomb said Wednesday was needed to free up hospital capacity amid steep recent increases in serious COVID-19 illnesses.

 

Justices reprimand lawyer for trying to ‘silence’ student in Park Tudor scandal

December 9, 2020 | Olivia Covington

The prominent Indianapolis employment law attorney who faced professional discipline charges related to his handling of a former high school basketball coach’s student sexting scandal has received a public reprimand from the Indiana Supreme Court. A dissenting judge, however, would not impose any sanction on Ice Miller partner Michael Blickman.

Opinions Dec. 9, 2020

December 9, 2020

Indiana Supreme Court
In the Matter of Michael A. Blickman
18S-DI-553
Attorney discipline. Issues a public reprimand to attorney Michael A. Blickman. Finds Blickman violated Indiana Rules of Professional Conduct 1.1 and 8.4(d) through efforts to “silence” a child solicitation victim and her family. Also finds the Indiana Supreme Court Disciplinary Commission failed to sustain its burden of proof on the remaining charges. Justice Geoffrey Slaughter concurs in part and dissents in part with separate opinion.

COA denies state’s bid to get additional money from IBM

December 9, 2020 | Marilyn Odendahl

Indiana’s argument that although it affirmed, the state’s Supreme Court really intended to reverse the trial court and award more than $4.3 million in post-judgment interest from IBM was met with exasperation from the Indiana Court of Appeals.

Tax Court affirms, remands in real property dispute over Hobart shopping mall

December 9, 2020 | Katie Stancombe

The Indiana Tax Court has partially affirmed and remanded a final determination from the Indiana Board of Tax Review for a longtime northern Indiana shopping mall.

Mother’s consent not needed for adoption of kids by stepmom

December 9, 2020 | Katie Stancombe

The Indiana Court of Appeals has affirmed a woman’s petition to adopt her husband’s children, finding sufficient evidence to prove their biological mother failed without justifiable cause to communicate with the children.

Sentencing hearing ordered on remand for man in ineffective assistance appeal

December 9, 2020 | Katie Stancombe

Additional sentencing proceedings have been ordered for a man convicted of child molesting after the Indiana Court of Appeals determined his trial counsel’s performance on his behalf “fell below professional norms.”

Jury trials halted in South Bend courts

December 9, 2020 | IL Staff

All jury trials have been halted in St. Joseph County as the COVID-19 virus continues to spread and the positivity rate tops 15%.

 

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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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