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IndyBar: In the Age of COVID-19, the Force Majeure Clause Takes Center Stage
Recently, in the case of In re Hitz Restaurant Group (2020 Bankr. LEXIS 1470 (N.D. Ill. June 2, 2020)), the United States Bankruptcy Court for the Northern District of Illinois-Eastern Division held that a force majeure clause in a lease excused a restaurant tenant from its obligation to pay a portion of post-petition rent.
Letter to the editor: SCOTUS discriminates against pro se litigants
It is ironic that the highest court in our land, charged with ensuring that the rules and laws of the country are fair and legal, is itself guilty of enacting a most unfair and arguably unlawful rule explicitly forbidding unrepresented litigants from participating in the Supreme Court oral argument process.
Hammerle on… Court humor
Even though court appearances are rare these days, let me reflect on some funny moments that I treasure.
Opinions Aug. 18, 2020
Indiana Court of Appeals
Victoria V. Arrowood v. State of Indiana
20A-CR-667
Criminal. Affirms the revocation of Victoria Arrowood’s placement in community corrections home detention and the order that she serve the remainder of her sentence in the Department of Correction. Finds that because the revocation of probation or placement in community corrections is civil, not criminal, in nature, Article 1, Section 13 of the Indiana Constitution is inapplicable. Also finds Arrowood was not denied her right to counsel.
IU McKinney professors contribute to assessment of U.S. response to COVID-19
| IL Staff
United States policy response to COVID-19 has been dangerously lacking, according to a recent report authored partially by two Indianapolis law professors. The new report recommends steps to safeguard health as well as civil and human rights.
Plaintiffs seek 10-day deadline for November mail-in ballots
As part of another lawsuit challenging Indiana’s election laws, Common Cause Indiana and the Indiana State Conference of the NAACP are seeking a preliminary injunction to suspend the noon Election Day deadline for county officials to receive completed mail-in ballots.
Holcomb unveils plan to equip state police with body cameras, create cabinet position
Indiana Gov. Eric Holcomb on Tuesday announced plans to equip Indiana State Police troopers with body cameras by next spring and create a new cabinet-level position in his administration to focus on equity and inclusion.
Pokagon tribe to be featured at domestic violence representation training
| IL Staff
Free training for lawyers on modest means and pro bono representation of domestic violence victims will be available next month, sponsored by the U.S. District Court for the Northern District of Indiana.
Indy man loses witness ‘reliability’ argument against attempted murder conviction
An Indianapolis man’s attempted murder conviction was upheld Tuesday after the Indiana Court of Appeals found that the testimony of one of his shooting victims was not incredibly dubious.
COA: Indiana right to counsel doesn’t extend to revocation hearings
The Indiana Court of Appeals has affirmed the revocation of a woman’s home detention in favor of incarceration, declining to make the “profound statement” that the Indiana constitutional right to counsel extends to revocation hearings.
Judicial Conference recommends safety reforms after killing of judge’s son
| IL Staff
One month after the shooting death of the son of a New Jersey judge, the governing body of the United States federal courts is advocating reforms to increase protection for members of the federal judiciary.
Marion County courts plan to resume jury trials
| IL Staff
Following a months-long hiatus, the largest county court system in Indiana will resume felony jury trials next week. The Marion Superior Courts announced that major felony trials will resume Monday, while low-level felony, misdemeanor and civil jury trials will resume the week of Sept. 14.
Allen Co. prosecutor to try 50 protesters, drop charges against 45
Allen County Prosecutor Karen Richards will prosecute 50 people but drop charges against 45 others who were arrested after protests in Fort Wayne in late May and mid-June, she announced Monday.
Witnesses sought to fatal Indianapolis police shooting of Black man
Investigators want to speak with possible witnesses to the fatal shooting of a Black man by an Indianapolis police officer in May, Indiana State Police said Monday.
Opinions Aug. 17, 2020
Indiana Court of Appeals
Judy Vigus, as Administratrix of the Estate of Ruth C. Vigus and the Estate of Eugene Vigus v. Dinner Theater of Indiana, L.P.
19A-CT-1365
Civil tort. Affirms the Marion Superior Court’s judgment for Dinner Theater of Indiana L.P. following a jury trial on Judy Vigus’s complaint alleging negligence as administratrix of the Estates of Ruth C. Vigus and Eugene Vigus. Finds the trial court did not abuse its discretion when it revoked its pretrial order on a judicial admission or when it excluded evidence of communications between the theater’s owners that they would seek a variance in the riser’s height rather than reduce that height. Also finds Vigus has not preserved for review her contention on appeal that the trial court erred when it did not instruct the jury that the theater had made a judicial admission of a building code violation.
Website highlights 7 appellate judges on November retention ballot
| IL Staff
Hoosier voters in November will decided whether seven Indiana appellate judges should retain their positions for the next 10 years. A Supreme Court justice, the chief judge of the Indiana Court of Appeals and five other appellate jurists are on the fall retention ballot.
Insurance judgment for scooter driver hurt in crash reversed
A scooter driver who won a trial court ruling when he sued to obtain insurance coverage after a crash lost on appeal Monday when judgment in his favor was reversed and an appellate court instead found for his insurer.
Supreme Court allows cameras in courtrooms for COVID-19 PSAs
| IL Staff
The Indiana Supreme Court is easing the rules against cameras in the courtroom to allow counties to produce videos that instruct the public on COVID-19 procedures in courthouses.
Hoosiers with disabilities seek greater access to absentee voting
Indiana Disability Rights and the Indiana Statewide Independent Living Council have joined the fight to push Indiana to expand mail-in voting for the November 2020 general election, saying requiring in-person voting during the COVID-19 pandemic would put the health of disabled Hoosiers at greater risk.