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Opinions June 5, 2020

June 5, 2020

Indiana Court of Appeals
Jesus Pedraza, Jr. v. State of Indiana
19A-CR-850
Criminal. Grants rehearing for the limited purpose of making a point of clarification regarding the circumstances of Jesus Pedraza’s Miranda waiver. Affirms the memorandum decision in all other respects.

Rush on race, equity: ‘We can and must do better’

June 5, 2020 | IL Staff

Citing failures of courts and justice systems to address racial inequities, Indiana Chief Justice Loretta Rush on Friday issued a statement promising change as protests over the death of George Floyd continued in streets in the Hoosier state and across the nation.

Indiana reports increase of 482 COVID-19 cases, 26 deaths

June 5, 2020 | Indianapolis Business Journal Staff and IL Staff

The Indiana State Department of Health on Friday said the number of positive cases of COVID-19 in the state has risen to 36,578. That marks an increase of 482 cases over the cumulative number — 36,096 — the department reported on Thursday.

COA affirms for neighbors in Allen County easement dispute

June 5, 2020 | Katie Stancombe

The Indiana Court of Appeals has affirmed the grant of summary judgment to a couple in an easement dispute with their neighbors, finding the doctrine of res judicata did not help the latter.

Developer’s cert petition dismissed in cell tower dispute

June 5, 2020 | Katie Stancombe

An appellate panel has reversed the denial of a cell site developer’s petition for writ of certiorari, only to find its failure to timely file a record or request an extension of time required dismissal of the petition.

Appeals court grants rehearing petition for Miranda clarification

June 5, 2020 | Katie Stancombe

A man convicted for two counts of murder had his petition for rehearing granted Friday, but solely for an appellate panel to clarify its factual recitation of his Miranda waiver.

ISBA offering ‘legal observer’ protest training tonight

June 5, 2020 | IL Staff

Amid continuing national protests following the police killing of George Floyd, the Indiana State Bar Association is offering free “legal observer” training today to those who want to help protect the rights of peaceful protestors.

Boone Co. pediatrician gets 19 years for child sex charges

June 5, 2020 | Associated Press

A suspended central Indiana pediatrician was sentenced Thursday to 19 years in prison for child molestation and related charges.

Man charged in weekend murder during Indianapolis violence

June 5, 2020 | Associated Press

A man was charged with murder Thursday in the fatal shooting of an 18-year-old during weekend violence in downtown Indianapolis that followed protests over the death of George Floyd and police treatment of African Americans.

Simon Property sues Gap for rent on coronavirus-shuttered stores

June 5, 2020 | Associated Press

Gap is being sued for refusing to pay rent for stores temporarily closed during the coronavirus pandemic. Indianapolis-based mall owner Simon Property Group said in a lawsuit filed this week that the clothing retailer owes three months of rent, totaling $65.9 million.

Opinions June 4, 2020

June 4, 2020

Indiana Court of Appeals
In Re the Paternity of J.G.; Wendy Sonora Hernandez and Margarito Guzman v. Fredy Sanchez Cortes and State of Indiana
19A-JP-2429
Juvenile paternity. Affirms the denial in Elkhart Superior Court of Wendy Sonora Hernandez’s motion for summary judgment on the state’s action seeking to establish paternity of her child by Fredy Sanchez Cortez. Finds the trial court did not err in its denial, and that mother and husband, Margarito Guzman, have failed to meet their burden on appeal to demonstrate that the court abused its discretion when it dismissed husband as a party to the action. Also finds that mother has failed to demonstrate that she was prejudiced by the trial court’s failure to provide her with explicit notice of its intent to treat her motion to dismiss as a motion for summary judgment. Lastly, holds that the state timely filed its paternity petition and that putative father was not required to register with the putative father registry before the state could file its petition.

Dad’s garnishment order affirmed in college-tuition dispute

June 4, 2020 | Katie Stancombe

The Indiana Court of Appeals on Thursday affirmed the grant of a mother’s request for a garnishment order to enforce an earlier order requiring her ex-husband to pay part of their daughter’s college tuition fees.

Special prosecutor appointed in IMPD shooting of black man

June 4, 2020 | IL Staff

A judge on Thursday appointed a special prosecutor to investigate possible criminal charges in the shooting death of 21-year-old Dreasjon “Sean” Reed almost a month ago by Indianapolis police.

COA affirms for biological father in paternity dispute

June 4, 2020 | Katie Stancombe

A mother contesting a paternity petition concerning her child could not convince the Indiana Court of Appeals on Thursday that her motion for summary judgment was wrongly denied.

Interviews for Allen County judicial vacancy adjusted for social distancing

June 4, 2020 | IL Staff

Interview times for the seven magistrate judges and lawyers who applied for an opening on the Allen Superior Court Civil Division have changed to accommodate remote technology as courts continue to observe social distancing due to the COVID-19 public health emergency.

Federal defenders decry ‘structural racism’ after George Floyd’s killing

June 4, 2020 | IL Staff

A sweeping majority of the nation’s federal public defenders – including for the Southern District of Indiana – are calling with a unified voice for reforms of a criminal justice system they say “turns a blind eye to oppressive structural racism.”

Incoming McKinney dean Bravo: ‘Failure to speak up would let down the law school and legal community’

June 4, 2020 | Karen E. Bravo

The incoming dean of Indiana University Robert H. McKinney School of Law says in a letter today that she has a duty and obligation as the school’s first black leader to speak out in the wake of the police killing of George Floyd in Minneapolis and protests that followed.

Mom of Indiana black man killed by police asks feds to help

June 4, 2020 | Associated Press

The family of a black man who was fatally shot by an Indianapolis police officer called Wednesday for the federal government to intervene and investigate his death, with a family attorney saying they don’t trust the police department and believe it is trying to conceal information.

CDC report finds 21% more COVID nursing home deaths in Indiana

June 4, 2020

Indiana health leaders said they were working Wednesday to determine why a federal report found about 200 more coronavirus-related deaths among the state’s nursing home residents than state officials had tallied. An apparent slowdown of coronavirus-related deaths is continuing in Indiana as figures released by state health officials show it has been more than a […]

Ex-UAW president pleads guilty to living high life on dues

June 4, 2020 | Associated Press

A former president of the United Auto Workers pleaded guilty Wednesday to conspiring with others to embezzle dues to pay for golf trips, expensive meals and stays at California villas — the most significant conviction yet in a scandal that has roiled the union.

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In This Issue

  • Is mid-decade redistricting legal? Indiana Democrats prepare court challenge

  • Immigrant detainees denied bond hearings under new ruling

  • Protests, speech on college campuses under federal, state scrutiny

Most Read
  • Indianapolis attorney suspended for charging, collecting unreasonable fee 

  • Howard County judge permanently banned from judicial service

  • Indiana attorney Zuckerberg sues Meta over accusations he’s impersonating Facebook founder

  • Will U.S. Supreme Court hear request to overturn landmark decision on same-sex marriage?

  • JLAP executive director Harrell retires, IN Supreme Court announces new director

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