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Opinions Sept. 14, 2020

September 14, 2020

Indiana Court of Appeals
Molly Ann Melton v. Indiana Athletic Trainers Board, et al.
19A-CT-1972
Civil tort. Affirms in part the Marion Superior Court’s grant of summary judgment on Molly Melton’s 42 U.S.C. § 1983 claims for alleged violations of her constitutional rights in the disciplinary process leading to the suspension of her athletic training license. Finds the trial court properly granted summary judgment to the Indiana Athletic Trainers Certification Board, the Indiana Professional Licensing Agency and others, but erred in granting relief on Melton’s petition for judicial review. Thus, reverses the trial court’s judicial review order.

Reckless driving conviction vacated in Rochester school bus crash that killed 3 kids

September 14, 2020 | Katie Stancombe

A Rochester woman convicted in a school bus crash that killed three children and seriously injured a fourth had her misdemeanor reckless driving conviction vacated Monday on double jeopardy grounds. However, her felony  convictions will stand.

Athletic trainer loses bid to reinstate license after student sexual relationship

September 14, 2020 | Katie Stancombe

An athletic trainer who lost her license after beginning a sexual relationship with a student-client lost her second bid at the Indiana Court of Appeals to reinstate her license.

Charlestown zoo owner facing contempt after blocking court-ordered animal removal

September 14, 2020 | Olivia Covington

As the process of removing animals from an Indiana zoo featured on Netflix’s hit series “Tiger King” begins, the owner of the zoo is already facing a contempt motion for allegedly interfering with the court-ordered removal.

Agreement settles complaint against student housing provider

September 14, 2020 | IL Staff

A conciliation agreement with a provider of student housing is being hailed as expanding housing opportunities for families with children and opening access to more than 12,830 rentable units, including some at college campuses in Indiana.

Indiana Chief Justice Rush tests positive for COVID-19

September 14, 2020 | IL Staff

Indiana Chief Justice Loretta Rush is in quarantine after testing positive for COVID-19 over the weekend, the Indiana Supreme Court announced Monday.

Vincennes attorney to succeed judge killed in plane crash

September 14, 2020 | IL Staff

Attorney Brian M. Johnson was appointed the new judge of Knox Superior Court on Monday by Gov. Eric Holcomb, just days after the Knox County Republican Party selected him to be the party’s unopposed candidate on the November ballot.

NCAA seeks to dismiss college athletes’ federal lawsuit

September 14, 2020 | Associated Press

The Indianapolis-based NCAA is seeking to dismiss a federal lawsuit by two college athletes that seeks to prevent the association from limiting compensation athletes can make from their names, images and likenesses.

Clark Co. murder trial starts with warning of gruesome photos

September 14, 2020 | Associated Press

The murder trial of a southern Indiana man accused of killing his ex-girlfriend and eating parts of her body began with a prosecutor warning jurors that they’ll see photos of the 2014 crime scene “worse than anything you would see in a horror movie.”

Jeffersonville library showcases jail inmates’ ‘Art of Recovery’

September 14, 2020 | Associated Press

For Angela Jackson, a woman incarcerated in the Clark County Jail on drug charges, creating art is a form of meditation that stills her mind. She’s one of about 15 people from the jail with art on display at the Jeffersonville Township Public Library through the end of the month in a series titled “Unchained: Art of Recovery from the Clark County Jail.”

Tippecanoe Co. man faces January trial in twin sons’ 2014 deaths

September 14, 2020 | Associated Press

A northern Indiana man whose guilty plea in the 2014 house fire deaths of his twin 3-year-old sons was vacated last year is set for a January trial after being charged a second time in their deaths.

Police say argument led to fatal shooting at Mishawaka mall

September 14, 2020 | Associated Press

A deadly shooting inside a northern Indiana shopping mall happened after an argument between two men, police said.

Indiana police say New Albany officer shot driver who tried to hit him

September 14, 2020 | Associated Press

A southern Indiana police chief said he believed an officer acted appropriately in shooting a man who twice tried to hit officers with his car.

Indiana AG urges 7th Circuit to keep absentee voting restrictions in place

September 11, 2020 | Marilyn Odendahl

Less than two months before the November presidential election, the Indiana Attorney General is countering a push to remove the state’s restrictions on mail-in voting by telling the 7th Circuit Court of Appeals those restrictions guard against fraud and encourage voter turnout.

Prosecutors: Similar charges warrant 1 trial in Floyd death

September 11, 2020 | Associated Press

Prosecutors in the case of four former Minneapolis officers charged in the death of George Floyd told a judge Friday that the men should face trial together because the evidence and charges against them are similar, and multiple trials could traumatize witnesses and Floyd’s family.

Opinions Sept. 11, 2020

September 11, 2020

Indiana Court of Appeals
Richard D. Moseley and Lisa M. Moseley v. Trustees of Larkin Baptist Church and the Larkin Baptist Church, an unincorporated association
20A-PL-98
Civil plenary. Affirms the Spencer Circuit Court’s order granting summary judgment for the Trustees of Larkin Baptist Church and the Larkin Baptist Church on Richard and Lisa Moseleys’ adverse possession counterclaim in the church’s action to quiet title. Finds that the Moseleys did not designate evidence sufficient to create a genuine issue of material fact. Also finds that the trial court did not err.

COA affirms judgment for church in neighbors’ adverse possession dispute

September 11, 2020 | Katie Stancombe

A church in a property dispute with its neighbor over a grassy area between the properties received an affirmation from the Indiana Court of Appeals on Friday.

Justices suspend mayor’s son following multiple alcohol arrests

September 11, 2020 | IL Staff

A mayor’s son and lawyer who has been arrested five times for alcohol-related incidents has been suspended from the Indiana bar for at least one year.

Vincennes attorney selected as candidate for Knox Superior Court

September 11, 2020 | Marilyn Odendahl

Attorney Brian M. Johnson has been chosen by the Knox County Republican Party to be the party’s candidate on the November ballot for the Knox Superior Court bench.

US remembers 9/11 as pandemic changes tribute traditions

September 11, 2020 | Associated Press

Americans commemorated 9/11 on Friday as a new national crisis — the coronavirus pandemic — reconfigured anniversary ceremonies and a presidential campaign carved a path through the observances.

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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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