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Opinions July 27, 2020

July 27, 2020

Indiana Court of Appeals
ShermansTravel Media, LLC v. Gen3Ventures, LLC
19A-PL-3024
Civil plenary. Reverses the Marion Superior Court’s grant of summary judgment in favor of Gen3Ventures, LLC against ShermansTravel Media, LLC. Finds the question of whether Shermans substantially performed its obligations under the parties’ settlement agreement is a disputed issue of material fact. Remands for further proceedings. Judge Elaine Brown concurs with a separate opinion. Judge Terry Crone dissents with a separate opinion.

COA reversal splits panel in email subscriber data dispute

July 27, 2020 | Katie Stancombe

An appellate panel split Monday in reversing on whether an online travel media company substantially performed its obligations under its settlement agreement with a marketing technology company regarding the use of subscriber data.

Indianapolis attorney convicted of OWI suspended for 90 days

July 27, 2020 | IL Staff

An Indianapolis attorney has been suspended for 90 days with automatic reinstatement following his conviction of operating a vehicle while intoxicated and several violations of the Indiana Rules of Professional Conduct related to client representation.

Holcomb appoints attorney Williams to Allen Superior bench

July 27, 2020 | IL Staff

Indiana Gov. Eric Holcomb on Monday appointed attorney Andrew S. Williams to fill a vacancy on the Allen Superior Court bench. Williams will succeed retired Judge Nancy Eshcoff Boyer, the first woman to serve on the state trial court bench in Fort Wayne.

Merrillville attorney’s discipline converted to indefinite suspension

July 27, 2020 | IL Staff

Indiana Supreme Court justices have indefinitely suspended a Lake County lawyer who was suspended earlier this year for failing to cooperate with the disciplinary commission concerning a grievance against him.

Trump’s national security adviser has coronavirus

July 27, 2020 | Associated Press

President Donald Trump’s National Security Adviser Robert O’Brien has tested positive for the coronavirus, making him the highest-ranking official to test positive so far.

Applicants sought for Northern District Bankruptcy Court

July 27, 2020 | IL Staff

Applications are being accepted through Aug. 10 for a pending vacancy in the bankruptcy court for the Northern District of Indiana in South Bend.

Lawyer sentenced for theft from charity resigns from bar

July 27, 2020 | IL Staff

An Indianapolis attorney has resigned from the bar rather than face a disciplinary proceeding a month after he was convicted of felony theft related to the misappropriation of funds from a charity that benefited Riley Children’s Hospital and a related business.

Applications open for Allen Superior Court vacancy

July 27, 2020 | IL Staff

Applications are now open to fill an upcoming vacancy on the Allen Superior Court bench as Judge Thomas Felts prepares to retire.

SCOTUS denies Nevada church’s appeal of COVID-19 restrictions

July 27, 2020 | Associated Press

A sharply divided U.S. Supreme Court denied a rural Nevada church’s request late Friday to strike down as unconstitutional a 50-person cap on worship services as part of the state’s ongoing response to the coronavirus.

Man charged with son’s murder will be returned to Indiana

July 27, 2020 | Associated Press

An Indiana man charged with killing his 10-year-old son will be returned to his home state from Missouri.

Holcomb drops mask violator penalty after criticism

July 27, 2020 | Associated Press and IL Staff

Indiana Gov. Eric Holcomb dropped a planned criminal penalty from the statewide face mask mandate  that he signed Friday after objections from some law enforcement officials and conservative legislators.

Video and 911 audio released in Lafayette police dog mauling

July 27, 2020 | Associated Press

Authorities have released additional police video footage and 911 audio in the May arrest of a Black northwestern Indiana man who was mauled by a police dog while being arrested for suspected battery.

Technological problems delay Indiana remote bar exam one week

July 24, 2020 | Marilyn Odendahl

The Hoosier state is postponing its bar exam by one week to Aug. 4, because of ongoing problems with the testing software, the Indiana Supreme Court announced Friday afternoon.

Opinions July 24, 2020

July 24, 2020

Indiana Court of Appeals
In re the Termination of the Parent-Child Relationship of A.E. (Minor Child) and K.E. (Mother) v. Indiana Department of Child Services (mem. dec.)
20A-JT-109
Juvenile termination. Affirms the termination of K.E.’s parental rights to her minor child, A.E. Finds the Department of Child Services made reasonable efforts to reunify mother and A.E. Therefore, mother has not established that her due process rights were violated. Also finds the Marion Superior Court order terminating mother’s parental rights is supported by clear and convincing evidence.

Software headaches adding to bar exam worries

July 24, 2020 | Marilyn Odendahl

Two business days from the July 2020 bar exam, some Indiana applicants are reporting problems with the software and adding more anxiety that they will not even be able to log on to take the test Tuesday.   

Weinzapfel calls out Rokita for ‘purposely muddled’ response to mask mandate

July 24, 2020 | Olivia Covington

Controversy over Indiana Gov. Eric Holcomb’s statewide mask mandate has spilled over into the race for attorney general, with Democratic candidate Jonathan Weinzapfel accusing Republican candidateTodd Rokita of purposefully declining to stand with the governor.

Kokomo men sentenced to federal prison for drug trafficking ring involvement

July 24, 2020 | IL Staff

Two Indiana men will spend decades in federal prison after being sentenced for their role in a large drug trafficking ring operating in Kokomo, United States Attorney Josh Minkler announced Friday.

Holcomb officially orders wearing of masks effective Monday

July 24, 2020 | IL Staff

Gov. Eric Holcomb on Friday issued an executive order requiring the wearing of face coverings in public as Indiana coronavirus cases continue at near-record levels. The order does not include potential criminal penalties, which Attorney General Curtis Hill had said Holcomb lacked the authority to enforce.

Killers of Indy pizza deliveryman were cellmates till one was beaten to death

July 24, 2020 | Dave Stafford

Derek Romano and Jeremiah Roberts had been drinking homemade wine on a Saturday night in their cell at Wabash Valley Correctional Facility, Romano explained, as he told an investigator how he lost control and beat his cellmate to death. Romano, who is now charged in Roberts’ murder, shared not just a cell with Roberts, but also a criminal history.

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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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