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2 people shot to death during protest over Kenosha shooting

August 26, 2020 | Associated Press

Two people were shot to death and another was wounded during a third night of protests in Kenosha over the police shooting of a Black man, Jacob Blake. Authorities Wednesday hunted for a possible vigilante seen on cellphone video opening fire in the middle of the street with a rifle.

AP Exclusive: Inmate beaten to death at Terre Haute federal prison

August 26, 2020

The killing of an inmate who was beaten to death at a federal lockup in Terre Haute is under investigation by the FBI, according to documents obtained by The Associated Press about an attack that revives questions about safety in the beleaguered federal prison system.

Only Native American on federal death row set to be executed

August 26, 2020 | Associated Press

The only Native American on federal death row is set to die Wednesday for the slayings of a 9-year-old and her grandmother nearly two decades ago, though many Navajos are hoping for last-minute intervention by President Donald Trump to halt the execution at the federal prison in Terre Haute.

Court ruling against Indiana no-excuse absentee voting appealed

August 26, 2020 | Dave Stafford

A federal appeals court is being asked to take an expedited appeal of a ruling against no-excuse absentee voting in Indiana’s Nov. 3 general election, or to enter an immediate injunction that would permit all Hoosiers to vote by mail due to the pandemic.

Supreme Court upholds dismissal of negligence claim against school district

August 25, 2020 | Olivia Covington

A man who waited two months to seek reinstatement of a dismissed negligence claim against an Indianapolis school corporation will not be able to pursue his claim further after the Indiana Supreme Court determined his reinstatement bid was actually a collateral attack on a trial court order.

Purdue’s online law school achieves California accreditation

August 25, 2020 | Marilyn Odendahl

Concord Law School at Purdue University Global, the online law school owned by Purdue University, has been fully accredited by the State Bar of California, enabling students to continue their legal studies without having to pass the Golden State’s First Year Law Students’ Exam.

Opinions Aug. 25, 2020

August 25, 2020

Indiana Supreme Court
Benjamin S. Smith v. Franklin Township Community School Corporation
20S-CT-98
Civil tort. Affirms the denial of Benjamin Smith’s motion for reinstatement of his lawsuit against Franklin Township Community School Corporation. Finds Smith cannot use a Trial Rule 41(F) filing to collaterally attack the merits of the dismissal order. Also finds Smith failed to preserve a substantive challenge to the dismissal decision, so the Marion Superior Court acted within its discretion when it denied his motion for reinstatement.

Indiana Supreme Court Law Library reopens by appointment

August 25, 2020 | IL Staff

The Indiana Supreme Court Law Library has reopened to the public by appointment only after a months-long closure due to the COVID-19 pandemic.

Divided appeals panel upholds termination of dad’s parental rights

August 25, 2020 | Dave Stafford

A father who disregarded court-mandated drug screens, left his child with a relative and refused to participate in services lost his termination of parental rights appeal Tuesday. One judge, however, would have reversed based on the facts of a case that began with the child’s removal due to mother’s drug use and what the dissenting judge saw as “an effort to punish Father.”

Teacher sues over firing for Facebook posts critical of ‘Leader in Me’ curriculum

August 25, 2020 | Dave Stafford

A reading teacher fired earlier this year for Facebook posts that criticized a curriculum enhancement program used at her school has sued her former employer, claiming her firing violated her First Amendment rights.

Former IU athletic director Glass joining Taft law firm

August 25, 2020 | Mickey Shuey, Indianapolis Business Journal

Former Indiana University Director of Athletics Fred Glass plans to resume his law career in October, joining the Indianapolis office of Taft Stettinius & Hollister LLP as a partner.

Kenosha protesters, police clash again after Black man shot

August 25, 2020 | Associated Press

Anger over the shooting of a Black man by police spilled into the streets of Kenosha for a second night Monday, with police again firing tear gas at hundreds of protesters who defied a curfew, threw bottles and shot fireworks at law enforcement guarding the courthouse.

Former official for Carmel-based fraternity foundation sentenced to 27 months

August 25, 2020 | Indianapolis Business Journal Staff

The former financial coordinator of a charitable foundation operated by Carmel-based women’s fraternity Zeta Tau Alpha has been sentenced to more than two years in federal prison after pleading guilty to embezzling about $450,000 from the organization.

Federal appeals court finds parts of anti-riot law violate free speech

August 25, 2020 | Associated Press

A federal appeals court on Monday upheld the convictions of two members of a white supremacist group who admitted they punched and kicked counter-demonstrators during the 2017 “Unite the Right” rally in Charlottesville, Virginia. However, the panel found that part of an anti-riot law used to prosecute them “treads too far upon constitutionally protected speech.”

NY AG probes if Trump pumped up value of estate, assets

August 25, 2020 | Associated Press

New York’s attorney general asked a court Monday to compel some of President Donald Trump’s business associates, including his son, Eric, to testify and turn over documents as part of her investigation into whether the president’s company lied about the value of its assets in order to get loans or tax benefits.

Southern District to resume jury trials next week

August 24, 2020 | IL Staff

The Indiana Southern District Courts will resume jury trials next week following a COVID-19 suspension that’s been in effect since March. Potential jurors still may be excluded from service upon a showing of “undue hardship or extreme inconvenience,” the court said.

Opinions Aug. 24, 2020

August 24, 2020

Indiana Court of Appeals
Shiel Sexton Company, Inc., et al. v. Joshua Towe
18A-CT-01446
Civil tort. Affirms in part the Marion Superior Court’s grant of summary judgment to Joshua Towe as to Circle B Construction Systems’ assumption of a duty to protect Towe. Remands for further proceedings as to breach, causation, and damages. However, reverses the trial court’s grant of summary judgment to Towe as to the assumption of a duty by Shiel Sexton, and remands for the trial court to enter summary judgment for Shiel Sexton as it had no duty to protect Towe.

COA affirms man’s child molesting conviction, sentence

August 24, 2020 | Katie Stancombe

The Indiana Court of Appeals has affirmed a man’s child molesting conviction and sentence after finding, among other things, that his due process rights were not violated after he was found to be a sexually violent predator pursuant to Indiana Code section 35-38-1-7.5.

COA rules for general contractor in injured worker’s dispute

August 24, 2020 | Katie Stancombe

A general contractor does not owe a duty of care to a construction worker injured on the job, the Indiana Court of Appeals ruled in a Monday interlocutory appeal, reversing a grant of summary judgment to the worker as to that issue.

Protests erupt after Wisconsin police shoot Black man

August 24, 2020 | Associated Press

Police in the southeastern Wisconsin city of Kenosha shot and wounded a Black man, apparently in the back, after responding to a call about a domestic dispute, setting off a night of protests and unrest in which officers fired tear gas and demonstrators apparently hurled objects and set fire to parked cars.

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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?

  • JLAP executive director Harrell retires, IN Supreme Court announces new director

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