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Opinions June 24, 2020

June 24, 2020

The following Indiana Supreme Court decision was posted after IL deadline Tuesday.
Brian E. Hardin v. State of Indiana
20S-CR-418
Criminal. Affirms in a 3-2 decision Brian Hardin’s conviction and 22-year aggregate sentence for conviction of possession and dealing methamphetamine and the denial of his motion to suppress evidence found in a search of his truck. The majority — justices Christopher Goff, Mark Massa and Geoffrey Slaughter — find the search was not unreasonable under Litchfield v. State, 824 N.E.2d 356, 361 (Ind. 2005). Justice Steven David and Chief Justice Loretta Rush dissent and would grant the motion to suppress and remand for a new trial in Morgan Circuit Court. Slaughter in a separate concurrence questions the test developed under Litchfield.

Expert: Attorneys are families’ best defense in coming eviction storm

June 24, 2020 | Marilyn Odendahl

While still unknown how many families will lose their place to live once the moratoria on evictions are lifted in Indiana and other states, a leading housing expert says the best treatment is providing attorneys to represent those families in court.

Appeals court tosses battery with deadly weapon conviction

June 24, 2020 | Dave Stafford

A man’s confession to police was ruled insufficient without other evidence of a crime to support his conviction of battery with a deadly weapon, the Indiana Court of Appeals ruled Wednesday, vacating a conviction in a domestic violence case.

COA upholds escape conviction but encourages Legislature to reconsider statute

June 24, 2020 | Marilyn Odendahl

Even while the Indiana Court of Appeals upheld the two escape convictions of a Shelby County man, the appellate panel noted it was concerned that the defendant who was ultimately found not guilty still has a pair of felonies on his record for “relatively minor violations” of pretrial home detention rules.

Justices grant expungement petition that led to change in law

June 24, 2020 | Dave Stafford

Confusion over prolonged expungement wait times that Indiana’s longest-serving judge called “unjust” was settled Wednesday when the Indiana Supreme Court declared a new law that eliminated the confusion applies retroactively.

In 3-2 ruling, justices affirm car search in warrant for search of home

June 24, 2020 | Dave Stafford

Indiana’s chief justice and most senior justice dissented Wednesday from a decision upholding the admission of evidence in a drug case collected from a vehicle that arrived at a Camby home at the same time police were inside the house executing a search warrant that was limited to the property. A justice who sided with the majority, however, said the split decision is evidence that key caselaw regarding law enforcement searches and seizures may need to be revisited.

White House wins ruling on health care price disclosure

June 24, 2020 | Associated Press

The Trump administration won a court ruling Tuesday upholding its plan to require insurers and hospitals to disclose prices for common tests and procedures in a bid to promote competition and push down costs.

Prosecutor: Trump ally Roger Stone was ‘treated differently’

June 24, 2020 | Associated Press

A federal prosecutor is prepared to tell Congress on Wednesday that Roger Stone, a close ally of President Donald Trump, was given special treatment ahead of his sentencing because of his relationship with the president.

FBI names Keenan special agent in charge for Indianapolis

June 24, 2020 | Associated Press

FBI Director Christopher Wray has named Paul Keenan special agent in charge of the Indianapolis field office, the agency announced Tuesday. The longtime agent, investigator, analyst and supervisor is an Indiana University graduate.

Filing: Victims deserve ex-Colt quarterback’s concussion funds

June 24, 2020 | Associated Press

Multiple individuals defrauded in a scheme perpetrated by an ex-Ohio State and Indianapolis Colts quarterback and his accomplice should receive money from the former player’s share of a national concussion settlement, an Ohio prosecutor argues.

Web Exclusive: Attorney’s restoration brings river house back to life 

June 24, 2020 | Katie Stancombe

Before she even saw the house at auction, Beverly Corn firmly put her foot down with a resounding no. “I kept saying, ‘I’m not doing it. I don’t know what donkey you think is going to drag me into this, I’m not doing it,’” Corn said. But that was two years ago, before the newly christened Riparian House in her childhood hometown came back to life with her help.

Economic excitement: Immigration law firm plans to boost businesses, communities with foreign investors

June 24, 2020 | Marilyn Odendahl

Marco Moreno was introduced to the idea of economic development by watching a rundown, forgotten neighborhood in Indianapolis get a second chance. He came to the Circle City to study law and was intrigued by the neighborhood redevelopment work. A few years later, his interest was reignited when he learned how regional centers were boosting international funding for projects designed to grow businesses and help communities in the United States. Now the immigration attorney is running a unique regional center in Indianapolis.

New laws overrule court rulings

June 24, 2020 | Dave Stafford

Sometimes you lose the battle but win the war. That happened for at least two Indiana lawyers this year. While their clients lost in court, the results of their cases so struck a nerve that the Indiana General Assembly reacted, passing legislation that enshrined into law relief lawyers and their clients fought for.

COA applicants, JNC discuss practical, philosophical issues during first round of interviews

June 24, 2020 | Olivia Covington

Like most everything else during the pandemic, the recent interviews to fill an upcoming vacancy on the Indiana Court of Appeals looked a little different. On June 10, the Indiana Judicial Nominating Commission logged on to Zoom to interview candidates to succeed retiring Court of Appeals Judge John Baker.

 

Seeking a safe harbor: Manufacturers call for liability protections amid COVID-19 efforts

June 24, 2020 | Olivia Covington

As the novel coronavirus began its spread across the United States, virtually every industry adjusted operations. That includes the manufacturing industry, which was faced with the dichotomy of the need for layoffs and the need for additional output. But as these businesses have aided in the effort to slow the spread of the virus, industry experts say there’s a shadow over their work: the fear of liability lawsuits.

Bittersweet memories for Valparaiso Law School alums

June 24, 2020 | Marilyn Odendahl

Before the signs were taken down and the remnants of the past 140 years were put into an archive, Nadia Wardrip took her 2-year-old daughter to Valparaiso Law School at the end of May to snap a couple of photos. The Lake County deputy prosecutor had spent 12 hours a day, six days a week at the law school so she could become a prosecutor, as she had dreamed of doing since high school. Going back one last time helped her explain to her little girl how she became who she is.

As story concludes after more than 140 years, faculty reflect on Valparaiso Law School’s legacy

June 24, 2020 | Marilyn Odendahl

In a final twist of cruelty, the final graduating class of Valparaiso Law School and the alumni did not get to gather one final time to commemorate their alma mater. The COVID-19 pandemic prevented faculty, alumni and friends from saying goodbye together. So the institution closed quietly after the class of 2020 concluded their studies in May, ending a tenure in legal education that began in 1879.

IndyBar: Season 2 of ‘Off the Record with James Bell’ Highlights Innovation and Growth Within Indy’s Legal Community and Beyond

June 24, 2020 | From IndyBar

From Indy legal legends to nationally renowned writers and field experts, “Off the Record” host (and past IndyBar president) James Bell goes beyond the courtroom and delves into the minds of his esteemed guests. The podcast features stories and insight on topics like gender diversity in the profession, President Donald Trump’s impeachment, what it’s like to argue at the U.S Supreme Court, the fight for racial equality and so much more.

 

Disciplinary Actions 06/24/20

June 24, 2020

Read who has been subject to Indiana Supreme Court discipline orders in the most recent reporting period.

Connor and Loeffler: (Re)open for business: Employers’ questions for the next normal

June 24, 2020

As Indiana reopens amid COVID-19, employers will contend with various challenges and significant workplace changes. In addition to evolving federal guidance and recommendations, employers will need to take into account the rapidly changing orders and guidance from state and local authorities.

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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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