Indiana Court Decisions – Oct. 7-Oct. 21, 2020
Read Indiana appellate court decisions from the most recent reporting period.
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IndyBar: To Refuse or Not to Refuse: That is the Question
Police usually don’t ask how much a driver has had to drink during a routine stop for speeding in the middle of the day without reason to suspect alcohol consumption. Regardless of your answer, the officer will likely tell you to step out of the car.
DTCI: Looking forward to simple pleasures whenever we return to normal
As I write this article, my thoughts are focusing on the future and what I anticipate doing again when we return to normal — whatever that normal may be. Some who know me — and especially my wife — know that I am more of a “half-empty glass” than a “half-full glass” person. However, with an optimistic eye, I will look forward to what the future may be when we return to normal.
IndyBar Public Outreach Committee Amplifies Voices by Registering Voters Throughout Indianapolis
As this election season comes to a close, the IndyBar recognizes the hard work and dedication of the Public Outreach Committee during the past few months for helping nearly 100 Indiana residents either register to vote or request absentee ballots.
Opinions Oct. 27, 2020
Indiana Supreme Court
Indiana Land Trust Company, f/k/a Lake County Trust Company TR #4340 v. XL Investment Properties, LLC and LaPorte County Auditor
20S-MI-62
Miscellaneous. Affirms the LaPorte Superior Court’s denial of Indiana Land Trust Company’s motion to set aside a tax deed related to Trust 4340. Finds that the LaPorte County auditor provided adequate notice and was not required to search its internal records for a better tax sale notice address when the notice sent via certified mail was returned as undeliverable.
LaPorte Co. auditor provided adequate notice of tax sale, Supreme Court rules
Indiana Supreme Court justices have affirmed the denial of a land trust company’s motion to set aside a tax deed for a LaPorte County property, finding an auditor gave adequate notice of the property’s impending tax sale.
Supreme Court arguments set in child neglect case after defendant released from jail
| IL Staff
Indiana Supreme Court justices are set to hear oral argument in a neglect and battery case next week, where a man accused of battering a toddler was ordered released from jail earlier this year by the Indiana Court of Appeals.
Split COA reverses for Notre Dame in woman’s negligence suit
A divided Indiana Court of Appeals panel on Tuesday reversed in favor of the University of Notre Dame in a negligence dispute brought by a woman who broke her shoulder after tripping during a basketball game.
Indiana AG candidate calls for Indiana to legalize pot
The Democratic candidate for Indiana attorney general is calling on the state to legalize marijuana, saying that doing so would reduce the state’s prison and jail populations and generate millions of dollars for public education.
Indiana receives 10-year extension of Healthy Indiana Plan
The state of Indiana has received federal approval to continue for 10 more years its Healthy Indiana Plan medical savings account that enrolls more than 572,000 low-income adult Hoosiers.
Issues important to Trump await Barrett on Supreme Court
Amy Coney Barrett’s first votes on the Supreme Court could include two big topics affecting the man who appointed her.
High court won’t extend Wisconsin’s absentee ballot deadline
| Associated Press and IL Staff
The Supreme Court is siding with Republicans to prevent Wisconsin from counting mailed ballots that are received after Election Day.
Wabash man shot by police after stabbing son, 10, has died
A northern Indiana man who was shot by police after he allegedly stabbed his 10-year-old son, mortally wounding the boy, has died at a hospital more than two weeks after that attack, authorities said Monday.
Lilly antibody drug fails in COVID-19 study for hospitalized patients
U.S. government officials are putting an early end to a study testing an Eli Lilly and Co. antibody drug for people hospitalized with COVID-19 because it doesn’t seem to be helping them. The Indianapolis-based drugmaker, however, is continuing to back the treatment.
Barrett confirmed to U.S. Supreme Court
| IL Staff and Associated Press
Seventh Circuit Court of Appeals judge and University of Notre Dame Law School professor Amy Coney Barrett was confirmed to the Supreme Court late Monday by a deeply divided Senate, with Republicans overpowering Democrats to install President Donald Trump’s nominee days before the election and secure a likely conservative court majority for years to come.
Opinions Oct. 26, 2020
The following 7th Circuit Court of Appeals was posted after IL deadline Friday.
Common Cause Indiana v. Connie Lawson, et al.
20-2877
Appeal from the U.S. District Court for the Southern District of Indiana, Indianapolis Division. Judge Richard Young.
Civil. Reverses preliminary injunction blocking Indiana from enforcing the 2019 amendments to Indiana Code sections 3-11.7-2, 3-11.7-3 and 3-11.7-4. Finds the amendments that prevent individual voters from petitioning state courts to extending polling hours on Election Day do not unconstitutionally burden Hoosiers’ fundamental right to vote. Rules because Indiana voters still can seek remedy in the courts under 42 U.S.C. section 1983, the amendments do not violate the Supremacy Clause. Holds even if voters have a liberty interest in statutorily established poll hours, the amendments do not deprive them of that interest. Finally, concludes that Purcell v. Gonzalez, 549 U.S. 1, 4 (2006) applies to the case at hand.
COA splits in ‘restraint on marriage’ trust dispute
A split appellate panel reversed in a trust dispute between siblings on Monday, concluding that the language in their mother’s trust regarding her son was ultimately a restraint on marriage and therefore void.
Indiana Lawyer 2021 Corporate Counsel Guide seeks submissions
| IL Staff
Corporate counsel, general counsel and attorneys representing entities of all kinds have less than a week to submit their information for the 2021 Corporate Counsel Guide, Indiana Lawyer’s exclusive annual directory of attorneys representing corporations, small businesses, nonprofits, government agencies and other organizations.
Man convicted of rape not denied an impartial jury, COA rules
The Indiana Court of Appeals has affirmed a Hancock County man’s conviction for felony rape, finding he was not denied an impartial jury, among other things.
3 magistrates named as finalists for Lake Superior Court vacancy
| IL Staff
The Lake County Judicial Nominating Commission has named three magistrate judges as finalists to fill an upcoming vacancy on the Lake County Superior Court bench.