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Opinions Oct. 26, 2020

October 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

October 26, 2020 | Katie Stancombe

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

October 26, 2020 | 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

October 26, 2020 | Katie Stancombe

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

October 26, 2020 | 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

October 26, 2020 | Marilyn Odendahl

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

October 26, 2020 | Associated Press

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

October 26, 2020 | Associated Press

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

October 26, 2020 | Associated Press

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

October 26, 2020 | Associated Press

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

October 23, 2020 | Dave Stafford

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

October 23, 2020 | Indianapolis Business Journal Staff and IL Staff

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

October 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

October 23, 2020 | Associated Press

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

October 23, 2020 | Associated Press

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

October 23, 2020 | Dave Stafford

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

October 23, 2020 | Olivia Covington

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

October 23, 2020 | Associated Press analysis

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’

October 23, 2020 | John Russell, Indianapolis Business Journal

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

October 23, 2020 | Associated Press

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.

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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

  • Midwest firm accuses former partners of orchestrating mass staff exodus

  • Brownsburg school district to pay $650K to settle former teacher’s religious accommodation claims

  • 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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