Indiana Court Decisions – July 16-29, 2020
Read Indiana appellate court decisions from the most recent reporting period.
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IndyBar President’s Column: Braving the Elements at the Indianapolis Bar Foundation Golf Outing
Last week, the Indianapolis Bar Foundation (IBF) Lawyer Links Classic Golf Outing was held in the most 2020 way possible — in the pouring rain. Despite Mother Nature’s bad humor, there was a great turnout.
IndyBar: Overview of U.S.C. §529 College Savings Plans for Indiana Estate Planners
Named after the Internal Revenue Code section that governs them, Section 529 College Savings Plans (529 Plans) are higher-education savings plan trusts established under section 529(b) of the Internal Revenue Code as “qualified tuition programs.” 529 Plans offer tremendous benefits when planning for educational expenses.
IndyBar: The Parents are Not Alright — Adding E-Learning to a Full Plate
2020. Who would have thought that one year could change so many things? Things we thought were certain, nonnegotiable, and established norms as lawyers were cast aside along with vacation plans, professional sports and pants with buttons. This fall will bring even more uncertainty into our lives as we send our children back to school.
Opinions Aug. 4, 2020
Indiana Supreme Court
State of Indiana v. Samuel E. Vande Brake
20S-CR-499
Criminal. Affirms the Tippecanoe Superior Court’s dismissal of the State of Indiana’s firearm enhancement sought against Samuel Vande Brake. Finds the state failed to meet its burden to show that the trial court’s implied finding of waiver and subsequent sua sponte dismissal of the firearm enhancement were contrary to law.
Supreme Court affirms dismissal of firearm enhancement after COA reversed
Indiana Supreme Court justices vacated an appellate panel’s reversal on Tuesday, affirming the trial court’s dismissal of a firearm enhancement in a case involving a man who shot his roommate.
Indiana co-authors amicus brief in COVID-19 abortion drug case
| IL Staff
The Indiana Attorney General’s Office co-authored an amicus brief in support of the U.S. Food and Drug Administration after a federal district court lifted certain medication-assisted abortion drug regulations during the COVID-19 pandemic.
Protesters restricted from Terre Haute execution site sue ISP
Protesters kept away from the federal prison in Terre Haute during executions last month have filed a lawsuit in federal court, arguing the Indiana State Police violated their First Amendment rights by erecting roadblocks and preventing them from holding vigils immediately outside the entrance of the facility.
Judge rules for PETA in suit against embattled Charlestown zoo
A federal judge has ruled that an embattled private Charlestown zoo harmed and harassed big cats in violation of the Endangered Species Act, setting the stage for the transfer of its animals to “a reputable sanctuary.” The ruling is a victory for an animal-rights group in one of several legal actions against the zoo owner who appeared in the Netflix series “Tiger King.”
COA affirms sentence for man’s rape, battery convictions
The Indiana Court of Appeals has affirmed a man’s decades-long sentence for his rape and battery convictions, finding nothing wrong with his sentence or the decision to admit certain statements from the victim.
Affordable housing nonprofit qualifies for charitable tax exemption, Tax Court says
A Columbus-based affordable housing nonprofit qualifies for charitable purposes exemptions for several years of its operation, the Indiana Tax Court ruled on Monday, rejecting arguments posed by the Bartholomew County assessor.
Indianapolis sets first public meeting on reforming public safety
The city of Indianapolis on Thursday will host the first of a series of community meetings focused on improving public safety. The meeting, to be held virtually, is scheduled for 5:30 p.m.
GM alleges Fiat Chrysler spent millions to bribe UAW leaders
General Motors is asking a federal judge to reconsider his dismissal of a lawsuit against Fiat Chrysler based on new allegations that the company bribed union officials and GM employees with millions stashed in secret foreign bank accounts.
Prosecutor seeking Trump’s taxes cites probe of his business
A New York City prosecutor fighting to get President Donald Trump’s tax returns told a judge Monday he was justified in demanding them because of public reports of “extensive and protracted criminal conduct at the Trump Organization.”
Progress slow on virus relief bill as negotiations continue
Negotiators on a huge coronavirus relief bill reported slight progress after talks resumed Monday afternoon in the Capitol, with issues like food for the poor and aid to schools struggling to reopen safely assuming a higher profile in the talks.
Opinions Aug. 3, 2020
7th Circuit Court of Appeals
In re: RYZE Claims Solutions, LLC
19-2930
Petition for writ of mandamus from the U.S. District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Jane Magnus-Stinson.
Civil. Grants RYZE Claims Solutions LLC’s petition for a writ of mandamus directing the Indiana Southern District Court to request that the Eastern District of California transfer RYZE’s action back to the Southern District of Indiana. Finds the district court deviated substantially from the methodological course of decision‐making mandated by the Supreme Court of the United States. Also finds this is not the exceptional or unusual case that would justify giving controlling weight to factors other than the forum‐selection clause.
Federal judge decries shooting that killed son, injured husband
In her first public comments since a lawyer known for his misogynistic screeds shot and killed her son and seriously injured her husband at their home, a federal judge in New Jersey called for more privacy and protections for people in her field in the face of mounting cyberthreats.
7th Circuit grants writ of mandamus after Southern District transfers case to California
The 7th Circuit Court of Appeals on Monday granted an Indiana business’ petition for writ of mandamus, finding that the Southern Indiana District Court deviated substantially from the course of decision‐making mandated by the U.S. Supreme Court when it transferred the business’ action back to a California court.
Legal community mourns passing of long-time Floyd Co. prosecutor Henderson
Keith Henderson, who served as Floyd County prosecuting attorney for nearly 20 years, died Aug. 1 at his home surrounded by his family following a battle with Lyme disease. He was 59.
National bankruptcy filings fall despite COVID-19 impact
| IL Staff
Personal and business bankruptcy filings posted a decline in the year ending June 30, despite a sharp rise in national unemployment stemming from the impact of the novel coronavirus pandemic.