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Casino wins appeal against injured worker awarded $76K

October 21, 2020 | Dave Stafford

An injured Chinese national awarded more than $76,000 in disability discrimination damages lost those winnings Wednesday as the Indiana Court of Appeals reversed in favor of the southern Indiana casino that had employed her.

Reversal: Disorderly conduct conviction violated Indiana Constitution

October 21, 2020 | Dave Stafford

A woman convicted of disorderly conduct as police intervened in a neighbor’s domestic dispute secured a reversal Wednesday, with the Indiana Court of Appeals finding the woman’s right to free political expression under the state Constitution had been violated.

Reversal: Trial court can consider merits of sentence modification motion

October 21, 2020 | Katie Stancombe

The Indiana Court of Appeals has reversed for a convicted man seeking to modify his sentence, finding that the Elkhart Superior Court erred when it determined that it lacked the statutory authority to consider the merits of his motion.

Appeals court affirms injunction against Clarksville’s Theatre X

October 21, 2020 | Dave Stafford

A Clarksville adult entertainment venue ordered to cease operations due to local ordinance violations lost its appeal of an injunction Wednesday.

COA upholds sentence in domestic battery, tasing case

October 21, 2020 | Katie Stancombe

Sentences totaling more than seven years have been affirmed for an Allen County man who tased a woman he began dating after meeting on Facebook, the Indiana Court of Appeals ruled Wednesday.

Justices vacate habitual offender enhancement after 6-year delay in retrial

October 21, 2020 | Olivia Covington

A man serving an 80-year sentence for a drug conviction will have his sentence reduced to 50 years after the Indiana Supreme Court ordered that his habitual offender enhancement be vacated.

LSAT staying remote; Indiana Bar Exam still deciding

October 21, 2020 | Marilyn Odendahl

Citing the “continuing uncertainty and disruption of the COVID-19 emergency,” the Law School Admission Council has announced that all the remaining LSAT exams will be delivered remotely instead of in-person through April 2021.

Barrett was trustee at private school with anti-gay policies

October 21, 2020 | Associated Press

Supreme Court nominee Amy Coney Barrett served for nearly three years on the board of private Christian schools that effectively barred admission to children of same-sex parents and made it plain that openly gay and lesbian teachers weren’t welcome in the classroom.

Indiana governor faces debate challenges over virus actions

October 21, 2020 | Associated Press

Indiana Gov. Eric Holcomb took on conservative criticism over his coronavirus pandemic orders as he faced his two reelection challengers in a televised debate Tuesday night.

Opinions Oct. 20, 2020

October 20, 2020

Indiana Court of Appeals
Jordan Allen Temme v. State of Indiana
20A-CR-275
Criminal. Affirms the denial of Jordan Allen Temme’s motion for the Vanderburgh Superior Court to apply the doctrine of “credit for time erroneously at liberty” after he was erroneously released from incarceration. Finds that the Department of Corrections’ inadvertent and quickly discovered error does not operate under the law of the state to cancel any part of Temme’s punishment for the crimes for which he was justly convicted and sentenced. Also finds the trial court did not err in denying Temme’s motion.

TPR affirmed for father with drug, arrest problems 

October 20, 2020 | Katie Stancombe

The Indiana Court of Appeals affirmed on Tuesday the termination of a St. Joseph County father’s parent-child relationship with his daughter after finding no due process violations against him.

COA affirms reincarceration of man erroneously released years early

October 20, 2020 | Olivia Covington

A man who was erroneously released from prison more than two years early must return to the Department of Correction after the Indiana Court of Appeals declined to adopt a doctrine that would award him credit for the time he was free.

Marion Superior Judge Borges to retire; application period opens 

October 20, 2020 | IL Staff

Applications are available for an upcoming judicial position on the Marion Superior Court that will occur when Judge Lisa Borges retires at the end of the year.

Indiana clerk refuses to wear mask while administering polls

October 20, 2020 | Associated Press

A county clerk in rural Indiana says she will not wear a mask while overseeing early voting despite the county’s surge of coronavirus cases and warnings from a state official.

Killer’s appeal rejected in rural Dubois Co. stabbing death

October 20, 2020 | Dave Stafford

A man convicted of stabbing his girlfriend to death in rural Dubois County lost his appeal Tuesday that challenged the evidence admitted and excluded at his trial and the manner in which the jury was instructed.

Indiana GOP candidate’s Facebook post condemned by party leaders

October 20, 2020 | Associated Press

Republican officials have denounced a Facebook posting by one of the party’s Indiana congressional candidates about white supremacy.

Parents charged in death of boy accidentally shot by sibling

October 20, 2020 | Associated Press

The parents of a 1-year-old boy who was shot to death earlier this year in South Bend by a gun accidentally fired by his 4-year-old sibling have been charged.

SCOTUS allows 3-day extension for Pennsylvania ballots

October 20, 2020 | Associated Press and IL Staff

The Supreme Court of the United States will allow Pennsylvania to count mailed-in ballots received up to three days after the Nov. 3 election, rejecting a Republican plea in the presidential battleground state.

SCOTUS rejects Indiana sword fight killer’s appeal, 4 other Hoosier cases

October 20, 2020 | IL Staff

The United States Supreme Court has rejected an appeal from an Indiana man convicted of killing his great-uncle in a 2009 sword fight that also took the life of the man’s grandmother. The case is one of five Indiana criminal, juvenile justice or post-conviction cases denied certiorari Monday by the high court.

Protest arrests show regular Americans, not urban antifa

October 20, 2020 | Associated Press

President Donald Trump portrays the hundreds of people arrested nationwide in protests against racial injustice as violent urban left-wing radicals. But an Associated Press review of thousands of pages of court documents tell a different story.

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In This Issue

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