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AG Hill: Holcomb violated constitution with COVID church closures

October 16, 2020 | Olivia Covington

Gov. Eric Holcomb’s restriction on in-person religious gatherings during the COVID-19 pandemic was a violation of the First Amendment, Attorney General Curtis Hill said in a new advisory opinion. His opinion comes despite recent U.S. Supreme Court rulings that have upheld state restrictions on churches imposed in response to the pandemic.

Indiana tops 2,000 daily COVID-19 cases for first time

October 16, 2020 | Indianapolis Business Journal Staff and IL Staff

The Indiana State Department of Health on Friday reported another all-time daily high of 2,328 new COVID-19 cases, topping the previous high of 1,962 set Thursday. Friday’s number, however, contained “approximately 300 cases whose reporting was delayed due to a technical issue over the past few days,” the department said.

Indiana mail-in ballots already more than triple for all of 2016 vote

October 16, 2020 | Dave Stafford and Associated Press

Indiana voters have already cast more than three times as many ballots by mail than they did throughout the entire last presidential election, and with 18 days remaining until the Nov. 3 vote, the number of total Indiana absentee ballots that have been approved is nearing the total for all of the 2016 election.

3 key Trump policies teed up for Supreme Court action

October 16, 2020 | Associated Press

Controversial Trump administration policies on the census, asylum seekers and the border wall, held illegal by lower courts, are on the Supreme Court’s agenda Friday.

Wrongly convicted in son’s death, Kristine Bunch will be compensated

October 16, 2020 | Associated Press

A woman who spent 17 years in prison for a fire that killed her 3-year-old son will be compensated by Indiana for a wrongful conviction. Kristine Bunch was declared eligible Thursday by the Indiana Criminal Justice Institute’s Board of Trustees.

Indiana officials outline response to state’s virus hotspots

October 16, 2020 | Associated Press

Indiana health officials confirmed 28 more COVID-19 deaths on Thursday, and the state’s seven-day rolling average of new cases of the respiratory disease has doubled in three weeks.

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.

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In This Issue

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