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COA: Indiana right to counsel doesn’t extend to revocation hearings

August 18, 2020 | Katie Stancombe

The Indiana Court of Appeals has affirmed the revocation of a woman’s home detention in favor of incarceration, declining to make the “profound statement” that the Indiana constitutional right to counsel extends to revocation hearings.

Judicial Conference recommends safety reforms after killing of judge’s son

August 18, 2020 | IL Staff

One month after the shooting death of the son of a New Jersey judge, the governing body of the United States federal courts is advocating reforms to increase protection for members of the federal judiciary.

Marion County courts plan to resume jury trials

August 18, 2020 | IL Staff

Following a months-long hiatus, the largest county court system in Indiana will resume felony jury trials next week. The Marion Superior Courts announced that major felony trials will resume Monday, while low-level felony, misdemeanor and civil jury trials will resume the week of Sept. 14.

Allen Co. prosecutor to try 50 protesters, drop charges against 45

August 18, 2020 | Associated Press

Allen County Prosecutor Karen Richards will prosecute 50 people but drop charges against 45 others who were arrested after protests in Fort Wayne in late May and mid-June, she announced Monday.

Witnesses sought to fatal Indianapolis police shooting of Black man

August 18, 2020 | Associated Press

Investigators want to speak with possible witnesses to the fatal shooting of a Black man by an Indianapolis police officer in May, Indiana State Police said Monday.

Opinions Aug. 17, 2020

August 17, 2020

Indiana Court of Appeals
Judy Vigus, as Administratrix of the Estate of Ruth C. Vigus and the Estate of Eugene Vigus v. Dinner Theater of Indiana, L.P.
19A-CT-1365
Civil tort. Affirms the Marion Superior Court’s judgment for Dinner Theater of Indiana L.P. following a jury trial on Judy Vigus’s complaint alleging negligence as administratrix of the Estates of Ruth C. Vigus and Eugene Vigus. Finds the trial court did not abuse its discretion when it revoked its pretrial order on a judicial admission or when it excluded evidence of communications between the theater’s owners that they would seek a variance in the riser’s height rather than reduce that height. Also finds Vigus has not preserved for review her contention on appeal that the trial court erred when it did not instruct the jury that the theater had made a judicial admission of a building code violation.

Website highlights 7 appellate judges on November retention ballot

August 17, 2020 | IL Staff

Hoosier voters in November will decided whether seven Indiana appellate judges should retain their positions for the next 10 years. A Supreme Court justice, the chief judge of the Indiana Court of Appeals and five other appellate jurists are on the fall retention ballot.

Insurance judgment for scooter driver hurt in crash reversed

August 17, 2020 | Dave Stafford

A scooter driver who won a trial court ruling when he sued to obtain insurance coverage after a crash lost on appeal Monday when judgment in his favor was reversed and an appellate court instead found for his insurer.

Supreme Court allows cameras in courtrooms for COVID-19 PSAs

August 17, 2020 | IL Staff

The Indiana Supreme Court is easing the rules against cameras in the courtroom to allow counties to produce videos that instruct the public on COVID-19 procedures in courthouses.

Hoosiers with disabilities seek greater access to absentee voting

August 17, 2020 | Marilyn Odendahl

Indiana Disability Rights and the Indiana Statewide Independent Living Council have joined the fight to push Indiana to expand mail-in voting for the November 2020 general election, saying requiring in-person voting during the COVID-19 pandemic would put the health of disabled Hoosiers at greater risk.

Judgment upheld for Clarksville dinner theater in estates’ negligence case

August 17, 2020 | Katie Stancombe

The Indiana Court of Appeals on Monday affirmed judgment in favor of the owner of a Clarksville dinner theater in a negligence suit filed by an elderly woman who broke her hip at the theater.

Man loses 7th Circuit appeal of drug-related firearm conviction

August 17, 2020 | Dave Stafford

A federal appeals court has upheld the conviction of a man who was arrested after federal authorities set up a controlled drug purchase.

7th Circuit remands for new disability benefits hearing

August 17, 2020 | Katie Stancombe

A man with chronic neck and back pain who was denied disability benefits will receive a new hearing, the 7th Circuit Court of Appeals ruled in a Friday remand. The appellate court found a vocational expert’s testimony regarding potential job options was “entirely unilluminating.”

WISH-TV sues AT&T over fee negotiations, claims racial discrimination

August 17, 2020 | Anthony Schoettle, Indianapolis Business Journal

Indianapolis-based Circle City Broadcasting, which owns WISH-TV Channel 8 and WNDY-TV Channel 23, has filed a lawsuit that accuses AT&T of racial discrimination as the two companies battle over retransmission fees.

Indianapolis, Fishers, 2 other cities sue Netflix, Hulu, others seeking franchise fees

August 17, 2020 | Associated Press and IL Staff

Indianapolis and three other Indiana cities are suing video streaming services, including Netflix and Hulu, seeking to require them to pay the same franchise fees to local governments that cable companies must pay. The suit also names DirectTV and Dish satellite television providers.

Indiana police to stop blocking roads during executions

August 17, 2020 | Associated Press and IL Staff

Indiana State Police agreed Friday to stop blocking roads to the federal prison in Terre Haute where federal executions resumed last month and are set to continue, backing down after anti-death penalty activists said in a lawsuit the roadblocks impeded their free speech rights.

Pelosi calls House back into session to vote on Postal bill

August 17, 2020 | Associated Press

Speaker Nancy Pelosi is calling the House back into session over the crisis at the U.S. Postal Service, setting up a political showdown amid growing concerns that the Trump White House is trying to undermine the agency ahead of the election.

Indiana Election Commission rejects expanding voting by mail to all

August 14, 2020 | Lindsey Erdody, Indianapolis Business Journal

The Indiana Election Commission on Friday voted against a proposal to expand absentee voting by mail to all voters for the November election. The 2-2 deadlock comes as lawsuits seek to expand mail-in voting with COVID-19 cases continuing to rise in the Hoosier State.

Opinions Aug. 14, 2020

August 14, 2020

Indiana Court of Appeals
Kenneth Lavar Lancaster v. State of Indiana
19A-CR-02970
Criminal. Affirms Kenneth Lancaster’s convictions of three counts of murder. Finds the Marion Superior Court did not err by finding that the statement of Lancaster’s brother was admissible as an adoptive admission. Neither did it err in adding the second statement made by Lancaster, which it found to be plainly admissible. Also finds sufficient evidence to support the convictions. Lastly, finds that the trial court did not err in the sentencing process.

High court permits expansion of mail-in voting for 1 state

August 14, 2020 | Associated Press and IL Staff

The U.S. Supreme Court on Thursday left in place an agreement that allows Rhode Island residents to vote by mail through November’s general election without getting signatures from two witnesses or a notary. The order was immediately cited in a lawsuit seeking to expand mail-in voting in Indiana.

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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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