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Justices split over transfer denial in horse injury case

October 2, 2020 | Olivia Covington

The Indiana Supreme Court has split over the denial of transfer in a case involving a horseback riding injury, with Justice Steven David publishing a dissent expressing concern that the “pendulum has swung too far” in sports injury cases.

Mail-in voting advocates alert 7th Circuit to dispute with state’s argument

October 2, 2020 | Marilyn Odendahl

Plaintiffs in Indiana’s vote by mail case are questioning the state’s assertion made this week in oral arguments to the 7th Circuit Court of Appeals that Hoosiers can request a special exemption from the Indiana Election Commission to cast an absentee ballot if they do not meet one of the law’s categories of who may vote by mail.

Supreme Court seeking comments on proposed rule changes

October 2, 2020 | IL Staff

The Indiana Supreme Court is seeking public comment on several proposed amendments to the Indiana Rules of Court.

Trump, first lady positive for COVID-19; he has ‘mild symptoms’

October 2, 2020 | Associated Press

President Donald Trump is experiencing “mild symptoms” of COVID-19 after revealing Friday that he and first lady Melania Trump have tested positive for the coronavirus, a stunning announcement that plunges the country deeper into uncertainty just a month before the presidential election.

Man pleads guilty in February shooting that killed 2 people

October 2, 2020 | Associated Press

A man has pleaded guilty in a February shooting in Fort Wayne that left two people dead and seriously wounded a third person.

Barrett opposed ‘abortion on demand,’ raising doubts on Roe

October 2, 2020 | Associated Press

Supreme Court nominee Amy Coney Barrett signed a 2006 newspaper ad sponsored by an anti-abortion group in which she said she opposed “abortion on demand” and defended “the right to life from fertilization to the end of natural life.”

Church sex abuse lawsuit targets diocese in Arizona, Indiana

October 2, 2020 | Associated Press

An Arizona man who says he was sexually abused by an Indiana priest more than 40 years ago sued church officials in both states Thursday, saying they allowed the priest into a Navajo Nation school despite his predatory history.

Opinions Oct. 1, 2020

October 1, 2020

The following Indiana Tax Court opinion was posted after IL deadline Wednesday:

Grant County Assessor v. Randy & Sara Ballinger
19T-TA-19
Tax. Affirms the Indiana Board of Tax Review’s final determination that reduced the assessment of Randy and Sara Ballinger’s golf course land for the 2018 tax year. Finds that the Ballingers’ evidence best reflected the market value-in-use of their Walnut Creek golf course land. Thus, finds no basis for reversing the Indiana Board’s conclusion.

7th Circuit judges ask about Indiana voters in vote by mail case

October 1, 2020 | Marilyn Odendahl

During oral argument in the dispute over Indiana’s restrictions on absentee voting, the 7th Circuit Court of Appeals panel focused on Hoosier voters by asking which of the proposed remedies would cause the least confusion and what remedies are currently available to the electorate.

Counties again requesting additional judicial officers

October 1, 2020 | Olivia Covington

The Indiana General Assembly is once again being asked to add to Indiana’s court roster, with six counties presenting requests for new judicial officers. Most significantly, Hamilton County is asking the Legislature to add a new court.

Tax Court affirms reduced assessment of Grant County golf course property

October 1, 2020 | Katie Stancombe

The Indiana Tax Court has affirmed the Indiana Board of Tax Review’s final determination that reduced the assessment of a Grant County couple’s golf course land. The court could find no basis to find for the county assessor on appeal.

Disbarment recommended for ex-Johnson County prosecutor

October 1, 2020 | Dave Stafford

The former three-term elected prosecutor of Johnson County should be disbarred from the practice of law for a domestic violence assault in which the hearing officer in his attorney discipline case said he “severely beat and injured his girlfriend” then misled the public about the events surrounding the attack.

Justices deny murderer’s petition to transfer

October 1, 2020 | IL Staff

A man convicted of murder who was denied his petition for post-conviction relief was also denied his petition to transfer his case to the Indiana Supreme Court. Justices unanimously declined to consider the White County man’s claims of ineffective assistance of counsel.

Charlestown zoo owner still at large as state moves for default judgment, dissolution

October 1, 2020 | Olivia Covington

As the search for animals missing from an embattled Charlestown zoo continues, the state of Indiana is seeking default judgment and judicial dissolution that would formally end Wildlife in Need’s operations. Meanwhile, zoo owner Tim Stark remains at large following an arrest warrant issued in Marion County, as well as an additional warrant in Clark County.

Trump thrusts Supreme Court pick Barrett into election turmoil

October 1, 2020 | Associated Press

President Donald Trump’s stark expectation that the Supreme Court will intervene to “look at the ballots” in what he calls a rigged election cast new questions Wednesday on the Senate’s rush to confirm Judge Amy Coney Barrett for the vacant seat before Nov. 3.

Fort Wayne water utility to end shutoffs moratorium Monday

October 1, 2020 | Associated Press

The water utility for Indiana’s second-largest city will lift its protections against utility shutoffs next week after Fort Wayne officials said the months-long moratorium had become “unsustainable.”

Anthem agrees to pay $39.5M in latest settlement over 2015 hacking

October 1, 2020 | John Russell, Indianapolis Business Journal

Anthem Inc. has agreed to pay a group of states $39.5 million to settle claims the health insurer failed to safeguard its data, a breach that led to a massive computer hacking in 2015 that compromised the private information of 78.8 million customers and former customers.

Opinions Sept. 30, 2020

September 30, 2020

Indiana Court of Appeals
Gilley’s Antique Mall, et al. v. Doug Sarver  
20A-EX-00396
Agency. Reverses the Indiana Worker’s Compensation Board’s ruling that Gilley’s Antique Mall and co-owner Jeff Hines were secondarily responsible for Doug Sarver’s injuries sustained during a construction accident. Concludes that the Board’s decision to add Gilley’s and Hines as defendants outside the two-year statute of limitations period was erroneous and contrary to the Indiana Worker’s Compensation Act.

Challenges to Indiana voting laws pile up in 7th Circuit, which will livestream one today

September 30, 2020 | Marilyn Odendahl

Indiana’s prohibition against no-excuse absentee voting goes before the 7th Circuit Court of Appeals on Wednesday afternoon, with the plaintiffs trying to convince the appellate panel to reverse the district judge’s ruling and allow all registered Hoosier voters to cast their ballots by mail in the Nov. 3 presidential election. The federal appeals court will livestream oral arguments in the case.

Ruling against LaGrange County in irrigation dispute upheld on appeal

September 30, 2020 | Katie Stancombe

A LaGrange County farm did not convince the Indiana Court of Appeals on Wednesday that it was wrongly denied a motion to correct error in its dispute brought against a township trustee regarding the use of its irrigation system.

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In This Issue

  • Indiana State Bar Association leads new program to support rural attorneys

  • Midwest firm accuses former partners of orchestrating mass staff exodus

  • UPDATE: Senate set to vote on heavily amended immigration bill

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

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

  • New habeas corpus strategy is freeing some immigrant detainees

  • Midwest firm accuses former partners of orchestrating mass staff exodus

  • Nominations being accepted for the 2024 Henry Hurst Judicial Assistance Award

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