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Opinions Dec. 15, 2020

December 15, 2020

7th Circuit Court of Appeals
Linda Gunn and Christopher Gunn v. Thrasher, Buschmann & Voelkel, P.C.
19-3514
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Jane Magnus Stinson.
Civil. Vacates the Indiana Southern District Court’s judgment dismissing a complaint brought by Linda and Christopher Gunn and remands the case with instructions to dismiss for want of subject matter jurisdiction. Finds that the Gunns do not contend that the contested sentence in the defendant’s dunning letter caused them any concrete harm.

ACLU, advocacy groups call for equitable COVID-19 vaccination plan

December 15, 2020 | Marilyn Odendahl

The ACLU of Indiana, joined by several community organizations, is calling on Gov. Eric Holcomb to prioritize the distribution of the COVID-19 vaccine for Hoosiers who have been disproportionately impacted by the coronavirus, including those who are incarcerated and are minorities.

Men convicted in 70s-themed armed robberies lose resentencing appeal

December 15, 2020 | Katie Stancombe

Two men who committed a string of armed robberies in 2015 while donning 1970s-themed disguises could not convince the 7th Circuit Court of Appeals that their new sentences should be reversed.

7th Circuit vacates judgment, dismisses HOA debt dispute

December 15, 2020 | Katie Stancombe

The 7th Circuit Court of Appeals has tossed a dispute over unpaid homeowners’ association fees, finding that a letter sent to a couple who owed thousands to their HOA did not cause them any concrete harm.

Justices split in Bloomington’s favor in annexation dispute with Holcomb

December 15, 2020 | Katie Stancombe

A divided Indiana Supreme Court on Tuesday ruled in favor of the city of Bloomington, upholding a ruling against the Indiana governor and striking down “special legislation” targeting the city’s annexation efforts. Dissenting justices, however, warned that the majority’s holding “erodes separation of powers.”

Murder suspect fled through van window at Gary McDonald’s

December 15, 2020 | Associated Press

A man charged with murder escaped by jumping through an open window in a transport van while it was stopped at a McDonald’s, Lake County Sheriff Oscar Martinez Jr. said.

Indiana gets COVID-19 vaccine, health workers top priority

December 15, 2020 | Associated Press

Indiana’s first doses of Pfizer’s COVID-19 vaccine arrived Monday and several workers at a Fort Wayne hospital became the first in the state administered the shots to protect them from the coronavirus, state health officials said.

Trump says Barr resigning, will leave before Christmas

December 15, 2020 | Associated Press

Attorney General William Barr, one of President Donald Trump’s staunchest allies, is departing amid lingering tension over the president’s claims of election fraud and the investigation into President-elect Joe Biden’s son.

Electoral College makes it official: Biden won, Trump lost

December 15, 2020 | Associated Press and IL Staff

The Electoral College has confirmed Joe Biden as the nation’s next president, ratifying his November victory over President Donald Trump.

Supreme Court won’t revive Kansas voter registration ID law

December 15, 2020 | Associated Press

The Supreme Court on Monday rejected an appeal from Kansas that sought to revive a law requiring proof of citizenship to register to vote. A federal appeals court had declared the law unconstitutional.

Magistrate Judge Bokota named to Lake Superior bench

December 14, 2020 | IL Staff

A longtime Lake County magistrate judge has been selected to become the next Lake Superior Court judge.

Justices suspend jury trials until March as pandemic continues

December 14, 2020 | IL Staff

The Indiana Supreme Court has taken the “drastic” step of suspending all jury trials in Indiana until March 2021 as Indiana continues to report high numbers of positive COVID-19 cases. 

Senate prepares to vote on Kirsch nomination to 7th Circuit

December 14, 2020 | Marilyn Odendahl

Thomas Kirsch, U.S. Attorney for the Northern District of Indiana, will likely get one step closer to joining the 7th Circuit Court of Appeals today with the U.S. Senate scheduled to vote on the cloture motion for his nomination at 5:30 p.m.

Opinions Dec. 14, 2020

December 14, 2020

Indiana Court of Appeals
Willard G. Merkel v. State of Indiana
20A-CR-1475
Criminal. Affirms the denial of Willard G. Merkel’s petition to modify his 12-year sentence for conviction of Level 4 felony possession of a firearm by a serious violent felon. Finds the Carroll Circuit Court did not abuse its discretion and Merkel’s reliance on Supreme Court orders directing trial courts to review sentences of nonviolent inmates due to COVID-19 is misplaced.

Ruling for homeowner in Indianapolis code-enforcement case reversed

December 14, 2020 | Dave Stafford

A court ruling in favor of a Lawrence homeowner who was investigated after reports that he was building a deck and an above-ground pool without city permits was reversed Monday. The Indiana Court of Appeals found judgment in the property owner’s favor was clearly erroneous.

Violent offender’s appeal seeking COVID-19 release ‘misplaced’

December 14, 2020 | Dave Stafford

Despite a convicted man’s claims of compromised health that raised his risk of contracting the novel coronavirus behind bars, the Indiana Court of Appeals determined Monday he wasn’t the sort of offender the Indiana Supreme Court had in mind when it urged courts earlier this year to consider release of detainees who posed little risk.

Negligence suit against Carmel assisted living facility reinstated on appeal

December 14, 2020 | Dave Stafford

A negligence suit against a Carmel assisted living facility in which a resident was seriously injured when a buffet table fell, knocking her to the ground, was reinstated after a Hamilton County court ruled in favor of the assisted living facility.

Mothers in birth certificate case win at US Supreme Court

December 14, 2020 | Marilyn Odendahl

In an order issued Monday, the United States Supreme Court denied certiorari in an Indiana birth certificate case, ending the state’s long-running fight to prevent non-birth mothers in same-sex marriages from being listed as a parent on their children’s birth certificates.

Justices certify retiring jurists as new senior judges

December 14, 2020 | IL Staff

Numerous longtime Indiana jurists were certified as first-time senior judges last week by the Indiana Supreme Court.

COVID puts Legislature in fiscal vise in upcoming budget session

December 14, 2020 | Lindsey Erdody, Indianapolis Business Journal

As Indiana lawmakers prepare to craft the state’s next two-year budget, leaders promise K-12 education will be the top priority — but they also acknowledge that every line item in the spending plan is at risk of cuts.

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In This Issue

  • Indiana State Bar Association leads new program to support rural attorneys

  • Midwest firm accuses former partners of orchestrating mass staff exodus

  • UPDATE: Senate set to vote on heavily amended immigration bill

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

  • Shooting of Tippecanoe County judge was gang-related hit, authorities say

  • Nominations being accepted for the 2024 Henry Hurst Judicial Assistance Award

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