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.
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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.
7th Circuit upholds Indiana’s process for extending polling hours
The 7th Circuit Court of Appeals has upheld the amended Indiana election law that prohibits individual voters from asking state courts to extend voting hours on Election Day.
Democrats ask Pence to skip Barrett vote over COVID-19 risk
A deeply torn Senate is set to confirm Amy Coney Barrett to the Supreme Court, but Democratic leaders are asking Vice President Mike Pence to stay away from presiding over Monday’s session due to potential health risks after his aides tested positive for COVID-19.
USDA approves Indiana’s plan for commercial hemp growing
The U.S. Department of Agriculture has approved Indiana’s plan to allow farmers to commercially grow and process hemp. The plan will take the Office of the Indiana State Chemist’s pilot hemp program and transition it to one allowing for commercial hemp production.
Indiana provides first look at COVID-19 vaccination plans
State health officials have released a first look at Indiana’s plan for distributing a COVID-19 vaccine, whenever one becomes available.
Police: Lawrenceburg man was naked with knife when officer shot
A southeastern Indiana man was naked and holding a knife when he confronted a police officer who fatally shot him in the hallway of an apartment building where a woman was found killed, police said.
Legal assistant whose hours were reduced rightly entitled to unemployment, COA holds
A legal assistant who was told after more than five years of employment that she may need to seek another job because her hours would be cut by half was rightly awarded unemployment benefits, the Indiana Court of Appeals ruled Friday.
Indiana reports 2,519 more COVID-19 cases, another rise in hospitalizations
The Indiana State Department of Health on Friday reported 2,519 new COVID-19 cases, the third-highest number reported so far in the daily report. The seven-day average of daily cases reached the highest point since the pandemic began.
Opinions Oct. 23, 2020
Indiana Court of Appeals
Shalee C. Dowell v. State of Indiana
19A-CR-2623
Criminal. Reverses Shalee Dowell’s conviction of Level 6 felony maintaining a common nuisance and remands to the Perry Circuit Court to vacate the conviction and sentence, reducing her aggregate meth-dealing-related sentence from 23 to 21½ years in prison. The evidence was insufficient to support the conviction because the state lacked proof that the vehicle Dowell used in the underlying crime was used in more than one drug transaction.
Valparaiso man convicted in 2 teens’ armed robbery killings
A northwest Indiana man has been convicted in the killings of two teenagers who were shot to death last year during a drug-related armed robbery.
Walmart sues US in pre-emptive strike in opioid abuse battle
Walmart is suing the U.S. government in a pre-emptive strike in the battle over its responsibility in the opioid abuse crisis.
Maintaining common nuisance conviction reversed
A lack of evidence proving the elements of maintaining a common nuisance means a woman’s conviction on that charge must be vacated and her drug-dealing sentence reduced by 18 months, the Indiana Court of Appeals ruled Friday.
AG Hill asks Supreme Court to slash costs in discipline case
Indiana Attorney General Curtis Hill is pushing back against a request that he foot the bill for nearly $57,000 in expenses related to his attorney discipline process, arguing instead that he should only have to pay about one-third of the amount requested by the Indiana Supreme Court Disciplinary Commission.
Analysis: Debate is brief interlude of normalcy in 2020 race
The second and final presidential debate, it turns out, was actually a debate — a brief interlude of normalcy in an otherwise highly abnormal year, and a reprieve for voters turned off by the candidates’ noxious first faceoff.
Indianapolis-area hospital systems call racism ‘public health crisis’
Three hospital systems in central Indiana are calling racism a public health crisis and say they are committing to a “culture of inclusion” that addresses and reduces discrimination.
Noblesville residents protest against proposed gravel pit
Demonstrators against a proposed 40-acre gravel pit in central Indiana gathered outside City Hall to protest the project, claiming it would increase truck traffic, noise and pollution.
Anti-domestic violence effort named after fallen officer
An initiative to reduce domestic violence in Indianapolis is named after a police officer killed in the line of duty responding to such an incident, officials say.
Opinions Oct. 22, 2020
The following Indiana Supreme Court opinion was posted after IL deadline Wednesday:
Timothy J. Brown v. Indiana Department of Environmental Management
20S-MI-609
Miscellaneous. Grants transfer and vacates a portion of the Indiana Court of Appeals’ affirming opinion in Timothy Brown’s case against IDEM, finding that the law-of-the-case doctrine “is applicable only when an appellate court determines a legal issue, not a trial court.” Finds that the COA need not have reached so broad a conclusion to resolve the issue. Otherwise affirms the Marion Superior Court’s conclusion that the law-of-the-case doctrine does not apply in this case’s specific circumstances.
Federal court rejects archdiocese’s religious exemption claim in Roncalli case
Ruling the religious exemption in Title VII should be narrowly construed so as to avoid stripping employees of all protections against discrimination, the Southern Indiana District Court denied a motion for judgment on the pleadings by the Archdiocese of Indianapolis in a lawsuit brought by a guidance counselor who was fired from her job at Roncalli High School for being in a same-sex marriage.