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COA: Removal from sex offender registry makes man’s case moot

May 26, 2020 | Katie Stancombe

A man whose name was removed from Indiana’s Sex and Violent Offender Registry on the state’s volition has successfully sought rehearing at the Indiana Court of Appeals, which has now deemed his case moot.

Tax board ‘acted contrary to law’ by not dismissing CVS valuation appeals

May 26, 2020 | Dave Stafford

CVS’ voluntary dismissal of two Lake County property tax assessment appeals should have been granted, the Indiana Tax Court ruled Friday, ordering the Indiana Board of Tax Review to dismiss the cases and reinstate original assessed valuations for a span of years for drugstores in Hobart and Schererville.

Plaintiffs push for summary judgment in Hill suspension dilemma

May 26, 2020 | Marilyn Odendahl

After filing a lawsuit challenging Curtis Hill’s ability to remain Indiana Attorney General while he serves a license suspension, four Marion County plaintiffs filed a motion Friday for summary judgment on their claim that the office is vacant and the governor can name a replacement.

Chief justice says pandemic teaches humility, compassion

May 26, 2020 | Associated Press

Chief Justice John Roberts told graduating seniors at his son’s high school that the coronavirus has “pierced our illusion of certainty and control,” and he counseled the students to make their way with humility, compassion and courage in a world turned upside down.

Indiana jobless rate hits 16.9%; state plans big budget cuts

May 26, 2020 | Associated Press

Indiana’s unemployment rate hit 16.9% for April from widespread business closures during the coronavirus outbreak, and state officials warned Friday of steep spending cuts in reaction to plummeting tax revenues.

Exec gave $50K to governor ahead of state virus testing deal

May 26, 2020 | Associated Press

The state’s award of a $17.9 million contract for operating dozens of coronavirus testing sites across Indiana came weeks after a company executive gave $50,000 to the governor’s reelection campaign. The campaign contribution to Republican Gov. Eric Holcomb by Optum executive Grant Verstandig was made March 4.

Fewer firm commitments? Study finds fewer new lawyers on partner track, but many still find fit

May 26, 2020 | Katie Stancombe

New lawyers preparing to launch their fledgling legal careers in 2020 look similar to the generations that came before them, but some things set millennial lawyers apart. Their ever-evolving professional aspirations and career trajectories appear less traditional than the routes taken by their predecessors in decades past.

COA affirms $2.4 million verdict for Hoosier farm in herbicide dispute

May 22, 2020 | Katie Stancombe

The Indiana Court of Appeals affirmed on Friday a more than $2.4 million verdict for an Indiana farm that suffered after its crops were damaged by plant-killing chemicals.

Opinions May 22, 2020

May 22, 2020

Indiana Supreme Court
Brandon L. Johnson v. State of Indiana

20S-CR-61
Criminal. Reverses the denial of Brandon Johnson’s request to file a belated notice of appeal. Finds the general waiver of Johnson’s “right to appeal,” particularly when contained in the same sentence as an unenforceable waiver of post-conviction relief, was insufficiently explicit to establish a knowing and voluntary waiver of Johnson’s right to appeal his 12-year sentence for his conviction of Level 4 felony dealing in methamphetamine. Remands with instructions for the Orange Circuit Court to grant Johnson’s motion for permission to file a belated notice of appeal. Justice Geoffrey Slaughter dissents without separate opinion.

Senior COA Judge Michael Barnes dies, leaving public service legacy

May 22, 2020 | Marilyn Odendahl

Senior Indiana Court of Appeals Judge Michael Barnes died Friday morning in South Bend, leaving a legacy of more than 40 years in public service.

Indiana’s official COVID-19 case count passes 30,000

May 22, 2020 | Indianapolis Business Journal Staff and IL Staff

The Indiana Department of Health on Friday said the number of positive COVID-19 cases in the state has risen to 30,409, following the emergence of 473 more cases.

COA hears first virtual argument with minor technical hiccups

May 22, 2020 | Katie Stancombe

Although they appeared to be sitting side-by-side per usual, the three appellate judges hearing the Indiana Court of Appeals’ first-ever remote oral arguments on Thursday were certainly far apart.

Supreme Court reversal: Drug dealer didn’t knowingly waive right to appeal sentence

May 22, 2020 | Olivia Covington

A man convicted of felony drug dealing will now be able to appeal his 12-year sentence after the Indiana Supreme Court on Friday determined his appellate waiver was not knowing and voluntary.

Trump counting on Supreme Court to block probes, lawsuits

May 22, 2020 | Associated Press

President Donald Trump won at least a temporary reprieve from the Supreme Court earlier this week in keeping secret grand jury materials from the Russia investigation away from Democratic lawmakers. The president and his administration are counting on the justices for more help to stymie other investigations and lawsuits.

Police: Charlestown man torched family’s house after argument

May 22, 2020 | Associated Press

A southern Indiana man faces attempted murder and arson charges after he allegedly set fire to his family’s home while several relatives were inside, police said.

Lawsuit renews question about attorney general suspension

May 21, 2020 | Marilyn Odendahl

Four Marion County residents have filed a lawsuit in state court, challenging Indiana Attorney General Curtis Hill’s ability to remain in office after having his law license suspended beginning May 18.

State reports rise in COVID-19 cases as testing hits another high mark

May 21, 2020 | Indianapolis Business Journal Staff and IL Staff

The Indiana State Department of Health on Thursday said the number of positive cases of COVID-19 in the state has risen to 29,936, following the emergence of 662 more cases.

Opinions May 21, 2020

May 21, 2020

Indiana Court of Appeals
Melvin Hall v. Bradley Shaw, Giovanni Narducci, and Central Indiana Protection Agency, Inc.
19A-CT-2533
Civil tort. Affirms and reverses in part the Marion Superior Court’s dismissal of Melvin Hall’s lawsuit against Bradley Shaw, Giovanni Narducci and Central Indiana Protection Agency Inc. alleging defamation, abuse of process, malicious prosecution and intentional infliction of emotional distress, and the partial denial of the defendants’ motion to dismiss Hall’s lawsuit. Finds the trial court erred in denying the defendants’ motion to dismiss Hall’s defamation and abuse of process claims based on Narducci’s July 2018 consumer complaint with the Attorney General’s Office. Also finds the trial court correctly dismissed Hall’s defamation claims based on alleged events that occurred before May 22, 2016, and on Gerald Alexander and Guillerma Lolla-Martinez’s trial testimony. Finally, finds the trial court erred in dismissing Hall’s malicious prosecution claims against all defendants based on his criminal prosecution, defamation claims against all defendants based on Alexander and Lolla-Martinez’s out-of-court statements made before Hall’s criminal trial, and IIED claims against Shaw and CIPA based on Narducci’s July 2018 voicemail. Remands for further proceedings.

Southern District courthouses opening to additional selected individuals

May 21, 2020 | IL Staff

Additional individuals will now be allowed to enter federal courthouses under specific circumstances, the U.S. District Court for the Southern District of Indiana has announced.

Patachou restaurants sue insurer over COVID-19 claim denials

May 21, 2020 | Susan Orr, Indianapolis Business Journal and Indianapolis Business Journal Staff

The Patachou Inc. restaurant group has joined a growing list of companies locally and nationwide to sue its insurer over COVID-19-related claim denials.

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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

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

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

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

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