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Opinions Aug. 28, 2020

August 28, 2020

Indiana Court of Appeals
Jerry Wayne Smith v. State of Indiana
20A-CR-672
Criminal. Reverses Jerry Wayne Smith’s sentence for his conviction of Class A misdemeanor resisting law enforcement. Finds the 365-day sentence, with 185 days suspended to probation and 180 days served consecutive to the 277 days for a probation violation, is inappropriate. Remands to the Vermillion Circuit Court to impose a sentence of 365 days, with 20 days to serve and 345 days suspended to probation.

Video outlines Southern District jury precautions during pandemic

August 28, 2020 | IL Staff

Hoping to allay fears of people summoned to federal court for jury duty as trials resume next week, the U.S. District Court for the Southern District of Indiana has posted a video detailing the steps the court is taking to protect jurors during the COVID-19 pandemic.

Allen County offers court staff implicit bias training

August 28, 2020 | IL Staff

Allen Circuit and Superior Courts and Fort Wayne United will collaborate in implicit bias training for court staff at a session Tuesday at the Embassy Theatre in Fort Wayne.

Ex-UAW president charged with corruption in federal probe

August 28, 2020

A former president of the United Auto Workers union was charged with corruption Thursday, accused of conspiring with his successor and others to embezzle money for golf, vacation villas and fine dining.

Appeals court reduces misdemeanor sentence of man first charged at age 64

August 28, 2020 | Dave Stafford

A man who picked up his first of several criminal charges at age 64 amid signs of undiagnosed mental illness and was subsequently ordered to spend 15 months behind bars on misdemeanor charges received an inappropriate sentence, the Indiana Court of Appeals ruled Friday.

IU, Purdue fraternities quarantine; Notre Dame to resume in-person classes

August 28, 2020 | Associated Press

Members of eight Greek houses and students living in two other houses off the Bloomington campus of Indiana University have been ordered to quarantine because of positive COVID-19 tests. Meanwhile, fraternities at Purdue University also are dealing with outbreaks while the University of Notre Dame plans to resume in-person classes next week that were suspended due to a spike in cases.

Indiana ordered to reply by Monday to vote-by-mail appeal

August 28, 2020 | Dave Stafford

The state of Indiana has been ordered to respond by Monday to an appeal in a federal lawsuit seeking no-excuse absentee voting in the Nov. 3 general election, signaling the appellate court in Chicago may fast-track the challenge over mail-in voting just over two months ahead of the election.

Watchdog groups charge Republican Convention appearances broke Hatch Act

August 28, 2020

Two White House officials violated the Hatch Act by participating in choreographed events that were aired during this week’s Republican National Convention, according to two separate ethics complaints filed by government watchdog groups.

Fifth federal execution of 2020 on again after late ruling

August 28, 2020 | Associated Press

The scheduled federal execution of a 10-year-old Kansas girl’s killer was back on track Friday after an appellate panel tossed a lower court’s ruling that would have required the government to get a drug prescription before it could use pentobarbital to kill the inmate at the federal prison in Terre Haute.

Trump lashes Biden, defies pandemic on White House stage

August 28, 2020 | Associated Press

President Donald Trump blasted Joe Biden as a hapless career politician who will endanger Americans’ safety as he accepted his party’s renomination on the South Lawn of the White House. While the coronavirus kills 1,000 Americans each day, Trump defied his own administration’s pandemic guidelines to speak for more than an hour to a tightly packed, largely maskless crowd.

Opinions Aug. 27, 2020

August 27, 2020

Sarah Johnson v. Northeast School Corporation
19-2870
Appeal from the United States District Court for the Southern District of Indiana, Terre Haute Division. Judge James Sweeney, II.
Civil. Affirms the Southern District Court’s entry of summary judgment to North Central High School (Farmersburg) and Northeast School Corporation on Sarah Johnson’s claims that both entities inadequately responded to her alleged of sexual harassment, therefore violating Title IX, 20 U.S.C. § 1681(a). Finds Johnson has waived any arguments regarding the district court’s evidentiary rulings and that NESC was not deliberately indifferent to Johnson’s claims of sexual harassment.

7th Circuit rules for high school in Title IX harassment suit

August 27, 2020 | Katie Stancombe

A woman who argued that her western Indiana high school inadequately responded to her alleged sexual harassment while she was a student there did not sway the 7th Circuit Court of Appeals to reverse a federal judge’s grant of summary judgment to the school on her claims.

Interview schedule released for Allen County judicial vacancy

August 27, 2020 | IL Staff

Interviews of five candidates to fill a vacancy that will occur on the Allen Superior Court have been scheduled for next week, the Indiana Supreme Court announced Thursday.   

Interviews for 3 Marion County judicial vacancies to begin Monday

August 27, 2020 | IL Staff

The Marion County Judicial Selection Committee will begin conducting interviews of 41 applicants for three Marion County trial court judicial positions next week.

 

Whiting mayor, wife enter pleas in $250K campaign fund fraud

August 27, 2020 | IL Staff

The mayor of Whiting has pleaded guilty to wire- and tax-fraud charges related to allegations he and his wife used more than $250,000 in campaign funds for gambling, paying credit card debt and other personal expenses, then filed false or misleading campaign reports or tax returns.

City working to reduce rent-relief waiting list of 25,000

August 27, 2020 | Samm Quinn, Indianapolis Business Journal

The city of Indianapolis is ramping up its COVID-19 rental assistance program with plans to process about 1,000 applications a day while the funding lasts.

Indiana teachers hit by pellets in training drill sue police

August 27, 2020 | Associated Press

A group of teachers at a northern Indiana elementary school who were struck and injured last year by plastic pellets during an active shooter training drill are suing local police, accusing them of using excessive force during what the lawsuit calls the “Execution Style Drill.”

Judge halts planned Friday execution of Kansas girl’s killer

August 27, 2020 | Associated Press

A judge in Washington halted the federal government’s planned Friday execution of a man who kidnapped, raped and killed a 10-year-old Kansas girl, saying the law requires the government to get a prescription for the drug it plans to use.

Pence defends police at convention amid rising race tension

August 27, 2020 | Associated Press

Vice President Mike Pence forcefully defended law enforcement but made no mention of the Black Americans killed by police this year as he addressed Republican convention proceedings that unfolded amid new protests against racial injustice following the latest shooting.

Only Native American on federal death row executed

August 27, 2020 | Associated Press

The only Native American on federal death row was put to death Wednesday, despite objections from many Navajo leaders who had urged President Donald Trump to halt the execution on the grounds it would violate tribal culture and sovereignty.

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In This Issue

  • New bail legislation aims to weigh due process and public safety

  • Efforts to boost judicial safety gain steam after shooting

  • Appeals court to hear arguments over accidental release of depositional evidence to jury

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

  • Kokomo couple get a combined 50 years in prison for dealing deadly drugs

  • Tippecanoe County judge, wife in stable condition after being shot at their home

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

  • Shooting of Tippecanoe County judge was gang-related hit, authorities say

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