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Opinions Oct 15, 2020

October 15, 2020

Indiana Supreme Court
In the Matter of the Termination of the Parent-Child Relationship of K.R., J.T.R, J.L.R., & E.R. (Minor Children); A.B. (Mother) and J.R. (Father) v. Indiana Department of Child Services
20S-JT-63
Juvenile termination. Affirms Steuben Circuit Court’s decision to admit drug test results, finding the results fit the records of a regularly conducted activity exception pursuant to Indiana Evidence Rule 803(6). Held Forensic Fluid Laboratories which conducted the tests on the parents does depend on the records to operate. Also, determined the records met the other indicia for reliability including they are subject to review, audit or internal check; the precision engendered by the repetition; and the fact that the person furnishing the information has a duty to do it correctly.

Reversal: Shelter must face negligence suit after adopted dog mauls girl

October 15, 2020 | Katie Stancombe

A south side Indianapolis animal shelter must face a lawsuit from an adopter whose child was attacked by a dog with a history of aggression, the Indiana Court of Appeals ruled Thursday, reversing a trial court’s grant of summary judgment for the shelter.

Justices: Drug test results properly admitted in parental rights termination hearing

October 15, 2020 | Marilyn Odendahl

A couple’s argument that their drug test results amounted to hearsay and should not have been admitted in court failed to convince the Indiana Supreme Court, which found the drug test reports were admissible under the records of a regularly conducted business activity exception.

COA partly revives injured woman’s claims against chiropractic clinic

October 15, 2020 | Katie Stancombe

The Indiana Court of Appeals has affirmed in part, reversed in part and remanded entry of summary judgment in favor of an Indianapolis chiropractic clinic in a case brought by a woman injured in a car accident.

Study: Indiana among bottom 10 states for ease of voting

October 15, 2020 | IL Staff

A new study released this week ranking the 50 states for ease of voting puts Indiana in the bottom 10, though the state’s rank has improved slightly from its position in same study two years ago.

Retired Magistrate Judge Cherry to serve Southern District as criminal duty magistrate

October 15, 2020 | IL Staff

A retired magistrate judge of Indiana’s Northern District Court has been temporarily assigned to provide targeted assistance in the Indianapolis division of the Southern District Court, Chief Judge Jane Magnus-Stinson announced Thursday.

Escaped Kentucky inmate captured in southern Indiana

October 15, 2020 | Associated Press

An inmate who escaped from a Kentucky jail last month by climbing through a hole in a jail window has been captured in southern Indiana, authorities said.

Holcomb tests negative for COVID-19

October 15, 2020 | Indianapolis Business Journal Staff

Indiana Gov. Eric Holcomb has tested negative for COVID-19, his office announced Thursday morning. Holcomb was tested “out of an abundance of caution” after Indiana State Health Commissioner Dr. Kris Box tested positive earlier this week.

Senate Judiciary sets Oct. 22 vote on Barrett’s nomination

October 15, 2020 | Associated Press

The Senate Judiciary Committee on Thursday set an Oct. 22 vote on Amy Coney Barrett’s Supreme Court nomination as Republicans race to confirm President Donald Trump’s pick before the Nov. 3 election.

SCOTUS rejects Floyd County killer’s death sentence appeals

October 15, 2020 | Dave Stafford

The United States Supreme Court on Tuesday rejected appeals from a Floyd County man sentenced to death after he was convicted of two counts of murder for killing two women eight years ago and later confessing to a 2003 slaying.

Holcomb extends Indiana mask mandate; health commissioner tests positive

October 14, 2020 | Indianapolis Business Journal Staff and Associated Press

Indiana Gov. Eric Holcomb on Wednesday said he would extend the state’s mask mandate for another month amid sharply rising COVID-19 infections and hospitalizations. He made the announcement while revealing that Dr. Kristina Box, the state’s health commissioner, had tested positive for the COVID-19 virus.

Barrett tells doubtful Democrats she’d keep open mind on court

October 14, 2020 | Associated Press

Supreme Court nominee Amy Coney Barrett presented herself Wednesday in her final round of Senate confirmation questioning as a judge with a traditional approach, holding deep personal and religious beliefs but committed to keeping an open mind on what would become a 6-3 conservative majority court.

Opinions Oct. 14, 2020

October 14, 2020

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Tuesday.
Common Cause Indiana et al. v. Connie Lawson et al.
20-2911
Appeal from the United States District Court fort the Southern District of Indiana, Indianapolis Division. Senior Judge Sarah Evans Barker.
Reverses an injunction enjoining enforcement of Indiana law requiring the absentee ballots be received by election officials by noon on Election Day for those votes to be counted. Grants the state’s motion for a stay of the injunction, finding that “(a)s long as it is possible to vote in person, the rules for absentee ballots are constitutionally valid if they are supported by a rational basis and do not discriminate based on a forbidden characteristic such as race or sex.”

7th Circuit upholds noon Election Day deadline for receipt of absentee ballots

October 14, 2020 | Associated Press and IL Staff

Absentee ballots received by local election officials after noon on Election Day will not be counted, the 7th Circuit Court of Appeals has ruled, reversing a lower court that had issued an injunction in light of likely mail slowdowns caused by a surge in mail-in voting due to the pandemic.

Marion Superior Court releases pandemic-related jury service PSA 

October 14, 2020 | IL Staff

Just months after the Marion Superior Court commenced in-person jury trials after a hiatus due to the COVID-19 pandemic, the court has released a public service announcement to better inform prospective jurors about newly implemented safety procedures.

Man dies in shootout with police; officer, dog also shot

October 14, 2020 | Associated Press

A suspect died and a police officer and a police dog were shot during a shootout that ensued from serving an arrest warrant, authorities said.

Jeffersonville man guilty of killing, cannibalism gets life term

October 14, 2020 | Associated Press

A southern Indiana man convicted of killing his ex-girlfriend and eating parts of her body was sentenced Tuesday to life in prison without parole.

Trump lawyers ask Supreme Court to halt tax record turnover

October 14, 2020 | Associated Press

President Donald Trump on Tuesday asked the U.S. Supreme Court to put on hold an appeals court ruling that Trump’s accountant must immediately turn over tax records to a New York state prosecutor, setting up a decision from the high court that could come before Election Day.

SCOTUS won’t revive Trump emoluments case brought by Democrats

October 14, 2020 | Associated Press

The United States Supreme Court declined Tuesday to revive a lawsuit filed by members of Congress against President Donald Trump alleging that he illegally profits off the presidency.

Supreme Court halts census in latest twist of 2020 count

October 14, 2020 | Associated Press

The Supreme Court on Tuesday ruled that the Trump administration can end census field operations early, in a blow to efforts to make sure minorities and hard-to-enumerate communities are properly counted in the crucial once-a-decade tally.

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In This Issue

  • Indiana prosecutors wrestle with staffing crunch

  • Senior counsel Jimmie McMillian takes The Lawyer beyond the Greatest Spectacle in Racing

  • Family of disabled child raped by classmate sues district, bus employees for $9.8M

Most Read
  • 13 attorneys general sue Evansville-based OneMain over hidden loan add-ons

  • Ripley Co. teen sentenced to 100 years for killing 2 siblings

  • Marion County judicial selection committee finds judge ‘not suitable’ for retention

  • Anonymous donors give each 2026 IU Maurer grad $10K

  • Ex-Ball State employee settles with university president over First Amendment case

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