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Trump pushes new environmental rollbacks on way out the door

November 19, 2020 | Associated Press

Down to its final weeks, the Trump administration is working to push through dozens of environmental rollbacks that could weaken century-old protections for migratory birds, expand Arctic drilling and hamstring future regulation of public health threats.

Federal inmate who killed Texas teenager set to be executed

November 19, 2020 | Associated Press

The federal government prepared Thursday to execute an inmate at the federal prison in Terre Haute who was condemned for kidnapping and raping a 16-year-old Texas girl, bludgeoning her with a shovel and burying her alive.

Groups say energy recommendations could slow Indiana’s transition away from coal

November 19, 2020 | John Russell, Indianapolis Business Journal

Seven months after Indiana lawmakers passed a bill prohibiting utilities from shutting down coal-fired power plants before May 2021, a state energy task force is considering a sweeping array of measures that seem to favor existing large-scale utilities, many of which still burn coal, over providers of renewable energy.

Trump targets vote certification in late bid to block Biden

November 19, 2020 | Associated Press

Getting nowhere in the courts, President Donald Trump’s scattershot effort to overturn President-elect Joe Biden’s victory is shifting toward obscure election boards that certify the vote as Trump and his allies seek to upend the electoral process, sow chaos and perpetuate unsubstantiated doubts about the count.

Indiana county OKs fining businesses violating mask order as COVID cases soar

November 18, 2020 | Associated Press

Businesses in a northern Indiana county could now face fines if they fail to enforce a county mask order requiring employees of businesses to wear masks to slow the spread of the coronavirus. The move comes as the number of Indiana counties having a heightened risk of COVID-19 rose.

Task force makes recommendations to bolster civic education in Indiana

November 18, 2020 | Marilyn Odendahl

The Indiana Bar Foundation Civic Education Task Force released a series of recommendations Wednesday for improving Hoosier students’ understanding of American democracy. The proposals  include revising academic standards, providing more professional development for teachers and strengthening ties to the community.

Opinions Nov. 18, 2020

November 18, 2020

Indiana Court of Appeals
McGraw Property Solutions, LLC v. Jason Jenkins 
20A-PL-00630
Civil plenary. Affirms the Boone Superior Court’s summary judgment in favor of Jason Jenkins against McGraw Property Solutions, concluding that Jenkins timely cancelled a storm repair contract within three days of acceptance.

Indiana lawmakers clash over COVID-19 protocols as 2021 session nears

November 18, 2020 | Lindsey Erdody, Indianapolis Business Journal

Democrats and Republicans clashed over COVID-19 protocols on Tuesday as they gathered for a ceremonial start to the 2021 legislative session.

Justices split 3-2 in rejecting landowner appeal over dam repairs

November 18, 2020 | IL Staff

Residents of a Miami County lake community lost their bid to make their case to the Indiana Supreme Court that the county, not property owners, are responsible for fixing six crumbling dams.

COA affirms for property opener who canceled storm repair contract 

November 18, 2020 | Katie Stancombe

The Indiana Court of Appeals has affirmed in an interlocutory appeal a Boone County property owner’s cancelation of an agreement with a contractor, finding that his cancelation was timely under the replacement cure contract.

Indiana governor quarantines after exposure to COVID-19

November 18, 2020 | Associated Press

Indiana Republican Gov. Eric Holcomb and first lady Janet Holcomb are quarantining after several members of his security detail tested positive for COVID-19, his office announced Tuesday.

House asks SCOTUS to put off case over Russia grand jury

November 18, 2020 | Associated Press

The Democratic-controlled House of Representatives is asking the Supreme Court to put off upcoming arguments about whether Congress should have access to secret grand jury testimony from special counsel Robert Mueller’s Russia investigation.

Confirmation hearing for Kirsch set for today

November 18, 2020 | Marilyn Odendahl

U.S. Attorney for the Northern District of Indiana Thomas Kirsch II is scheduled to appear before the U.S. Senate Judiciary Committee Wednesday as he begins the confirmation process to fill the vacancy on the 7th Circuit Court of Appeals created by the appointment of Amy Coney Barrett to the U.S. Supreme Court.

12/3 – Applied Professionalism Course for Newly Admitted Attorneys (Merrillville)

Bridging the Gap Between Law School and the Practice Diversifying Your Caseload by Helping Those in Need – Attorney Stephanie Wicke, NWI Volunteer Lawyers, Inc. Trust Accounts/IOLTA/Fiduciary Duties – Seth Pruden, Indiana Supreme Court Disciplinary Commission Entering the Practice of Law in a Time of Uncertainty – Michael E. Tolbert, Tolbert & Tolbert Judges & […]

Minkler resigning as top prosecutor for Southern District

November 18, 2020 | Associated Press and IL Staff

The U.S. Attorney for the Southern District of Indiana, Josh Minkler, announced Wednesday that he is resigning and plans to take a job with a private law firm in the Indianapolis area, his office said in a statement.

A rusty Giuliani returns to the courtroom on Trump’s behalf

November 18, 2020 | Associated Press

Representing a client inside a courtroom for the first time in nearly three decades, Rudy Giuliani showed some rust as he tried to make the case that President Donald Trump has been robbed of re-election.

Opinions Nov. 17, 2020

November 17, 2020

The following Indiana Supreme Court opinion was posted after IL Daily deadline Monday:
K.C.G. v. State of Indiana
20S-JV-263
Juvenile. Vacates K.C.G.’s delinquency adjudication and the modification of his probation based on that adjudication in Marion Superior Court. Remands with instructions to dismiss the State’s petition, finding the juvenile court lacked jurisdiction because the offense of dangerous possession of a firearm can never be committed by an adult.

Indiana Supreme Court reduces 138-year sentence for man convicted as a juvenile

November 17, 2020 | Marilyn Odendahl

A Delaware County man sentenced to more than 100 years for a crime he committed as a 17-year-old was granted a new sentence after the Indiana Supreme Court found “two major shifts in the law” provide the opportunity to reconsider sentences that were “manifestly unreasonable.”

 

Sentence upheld for Orange County man in baby’s drug-related death 

November 17, 2020 | Katie Stancombe

An Orange County man will keep his decades-long sentence for felony neglect of a dependent resulting in death after the Indiana Court of Appeals concluded that there was no abuse of discretion in rejecting the man’s plea agreement. 

Justices trim 181-year sentence for man convicted as juvenile

November 17, 2020 | Dave Stafford

The Indiana Supreme Court on Tuesday reduced the 181-year sentence for a man convicted of two murders committed when he was 16, finding his appellate counsel rendered ineffective assistance by failing to challenge the appropriateness of the teen’s sentence.

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In This Issue

  • AI use by pro se litigants presents challenges for courts

  • McKinney School of Law continues to supply most attorneys to Indiana

  • IU Health files lawsuit against firm hit by 2024 ransomware attack

Most Read
  • House committee advances bill redefining hemp, putting Indiana on path to more restrictions

  • Firing squad, gas execution methods move out of Indiana House committee

  • Midwest firm accuses former partners of orchestrating mass staff exodus

  • New habeas corpus strategy is freeing some immigrant detainees

  • Widow of Delaware County sheriff’s deputy files wrongful death lawsuit against trucking companies, drivers involved in fatal crash 

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