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Opinions Sept. 8, 2020

September 8, 2020

Indiana Supreme Court
Patrick Humphrey v. Brian Tuck, US Xpress, Inc.
20S-CT-548
Civil tort. Grants transfer and affirms the Jackson Superior Court’s entry of judgment on a jury’s $40,000 damages verdict in favor of Patrick Humphrey, and the trial court’s denial of Humphrey’s motion to correct error. Finds there was enough evidence to support giving the challenged failure-to-mitigate jury instruction.

Justices: Juvenile courts lack jurisdiction to waive those who age out

September 8, 2020 | Dave Stafford

Juvenile courts’ jurisdiction to waive minors to adult court ends when the juvenile reaches the age of 18 or 21, depending on the nature of the case, the Indiana Supreme Court ruled Tuesday, reinforcing bright-line statutory jurisdiction in dismissing a pair of cases alleging child molestation.

Marijuana, paraphernalia possession not double jeopardy, COA finds

September 8, 2020 | Dave Stafford

Applying a new test established this year by the Indiana Supreme Court to weigh claims of substantive double jeopardy, a retired justice authored an opinion Tuesday that found convictions of possession of marijuana and paraphernalia are not duplicative punishment for the same crime.

Merritt resigning after 30 years in state Senate

September 8, 2020 | Lindsey Erdody, Indianapolis Business Journal

A longtime Republican state lawmaker who was unsuccessful last year in his bid to become mayor of Indianapolis is stepping down from his seat in November.

Appeals court reinstates stabbed worshiper’s suit against Sikh temple

September 8, 2020 | Dave Stafford

A worshiper’s lawsuit against the Sikh temple where he was stabbed in a 2018 confrontation was reinstated Tuesday after the Indiana Court of Appeals found the temple had notice of an escalating factional feud over leadership. The temple also “had reason to recognize the probability or likelihood of looming harm,” the panel determined.

9/25 – The Complex History of Citizenship: Celebrate Hispanic Heritage Month (virtual)

Speaker: Dr. Dan-el Padilla Peralta Dr. Padilla Peralta will discuss a range of historical and contemporary approaches to the dilemmas of citizenship. From immigration advocacy to the Movement for Black Lives, activists in the United States and throughout the world have drawn attention to the design and institutionalization of different forms of (unequal) citizenship. Dr. […]

Bar applicants ace August 2020 exam

September 8, 2020 | Marilyn Odendahl

Indiana’s unprecedented bar exam that was reformatted and delayed until August 2020 because of the coronavirus has turned in a pass rate that tops the previous four years. Almost three-quarters of those who took the remote test passed, according to the list released Tuesday.

State police probe jail death of woman held in isolation

September 8, 2020 | Associated Press

State police are investigating the death of a mother of four who was found unresponsive last weekend in a cell at a northeastern Indiana jail where she was being held in isolation. She died after spending several days in jail after she was arrested on a warrant on a misdemeanor possession of marijuana charge, online court records show.

Ex-cop who shot Black man reaches plea on unrelated charge

September 8, 2020 | Associated Press

A white former South Bend police officer whose fatal shooting of a Black man last year roiled then-Mayor Pete Buttigieg’s presidential campaign has agreed to plead guilty to a felony charge stemming from an alleged on-duty sexual encounter he had a month before that shooting.

Authorities: Federal operation in Indiana found missing kids

September 8, 2020 | Associated Press

Eight missing children were rescued in a five-day operation in the Indianapolis area and one person was arrested on charges including parental kidnapping, according to federal authorities.

Police: Highland man’s 2005 death wasn’t homicide after all

September 8, 2020 | Associated Press

Cindy Neizgoda couldn’t sleep ahead of a scheduled meeting with Highland police Aug. 5 to talk about her son’s case, which had been ruled a homicide 15 years earlier. The news she and her family received left them reeling.

Judge recommends criminal count dismissal in duck boat case

September 8, 2020 | Associated Press and IL Staff

A federal magistrate judge has recommended that criminal charges be dismissed against three men indicted over a duck boat sinking on a Missouri lake that killed 17 people two summers ago, including nine members of an Indianapolis family.

Holcomb appoints Schutte as Vanderburgh Superior Judge

September 4, 2020 | IL Staff

Vanderburgh Circuit Court Magistrate Judge Gary Schutte II has been appointed to the Vanderburgh Superior Court bench, succeeding Judge Robert Tornatta, who retired in April. Gov. Eric Holcomb announced the appointment Friday.

Opinions Sept. 4, 2020

September 4, 2020

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Thursday.
Yeison Meza Morales v. William Barr
19-1999
Civil. Amends the June 26 opinion in this immigration case reversing the removal order for Yeison Meza Morales and expanding the authority of immigration judges to administratively close cases when warranted. Adds one sentence to a footnote on page 13 of the June 26 opinion expressing no view on whether the government might be precluded from contesting the nonfinal waiver of an immigrant’s inadmissibility. Affirms the June 26 opinion in all other respects. Denies the government’s motion for rehearing in a separate order.

IU wins summary judgment in ex-student’s Title IX case

September 4, 2020 | Marilyn Odendahl

Along with granting summary judgment to Indiana University in an ex-student’s Title IX sexual misconduct lawsuit, the Southern Indiana District Court found the exercise of supplemental jurisdiction was proper and also dismissed the male student’s state law claims.

7th Circuit rejects sexual orientation claim of DOC worker fired for harassment

September 4, 2020 | Katie Stancombe

After working for the Indiana Department of Correction for more than 20 years, Robbie Marshall was terminated from his position after a co-worker brought sexual harassment allegations against him.

Grand jury indicts Lawrence officer in shooting

September 4, 2020 | IL Staff

A Lawrence police officer faces multiple felony charges related to a nonfatal shooting in February after a Marion County grand jury returned an indictment Thursday.

Man, 19, arrested after standoff, caught after escaping hospital

September 4, 2020 | Associated Press

A 19-year-old Lake Station man was arrested Friday by police in northwestern Indiana hours after he escaped from a hospital where he was taken following a standoff with officers, police said.

7th Circuit tweaks opinion but won’t rehear immigration crime victim case

September 4, 2020 | Dave Stafford

The 7th Circuit Court of Appeals on Thursday denied a government petition to rehear an immigrant crime victim’s case decided in his favor, but the panel amended its earlier opinion in a case that also rejected caselaw limiting immigration judges’ authority to administratively close cases when warranted.

Officers suspended in Rochester, N.Y. suffocation death; protesters unswayed

September 4, 2020 | Associated Press

Seven police officers involved in the suffocation death of Daniel Prude in Rochester, New York, were suspended by the city’s mayor, who said she was misled for months about the circumstances of the fatal encounter.

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In This Issue

  • Indiana State Bar Association leads new program to support rural attorneys

  • Midwest firm accuses former partners of orchestrating mass staff exodus

  • UPDATE: Senate set to vote on heavily amended immigration bill

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

  • House committee advances bill redefining hemp, putting Indiana on path to more restrictions

  • New habeas corpus strategy is freeing some immigrant detainees

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

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

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