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Rokita, Weinzapfel launch general election AG campaigns

July 22, 2020 | Olivia Covington

With the candidates now in place, what has so far been an unconventional race for Indiana Attorney General is shifting gears toward the November election. Democrat Jonathan Weinzapfel, a former state representative and mayor of Evansville, is promoting himself as the attorney general of the people, not the party. He’ll face off against former Indiana Republican Rep. Todd Rokita, a known quantity in the Hoosier state who is promising “certainty in uncertain times.”

US executes 3 in first federal death sentences since 2003

July 22, 2020 | Associated Press and IL Staff

The federal government last week carried out its first executions in almost two decades after the US Supreme Court in separate 5-4 rulings turned away last-minute appeals from two condemned inmates’ legal teams. Their executions, and that of a third defendant, were carried out by lethal injection at the federal prison in Terre Haute.

Makris: COVID-19 presents new co-parenting issues

July 22, 2020 | Nicole Makris

The COVID-19 pandemic has caused widespread changes to everyday life that have presented new questions for parents and family law practitioners alike. While we began in uncharted territory, this experience has been an opportunity for attorneys to creatively problem solve in a time when we, like our clients, are navigating many of the same uncertainties.

IndyBar: Issues in Presenting a Land Use Case via Virtual Hearing

July 22, 2020 | From IndyBar

If you are preparing for a WebEx presentation in Indianapolis for a rezoning or variance case, especially one which is contested by Department of Metropolitan Development staff, by significant remonstrance, or both, consider these tips and clarifications.

IndyBar: Indiana Appellate Institute Celebrates 10 Years

July 22, 2020 | From IndyBar

As we blow out the candles on the virtual “Happy 10th Birthday” cake, the Indiana Appellate Institute continues to do what it does well, especially help first-time or infrequent appellate advocates, while looking for ways to continue to innovate and improve.

IndyBar’s Commission on Racial Equality, Diversity and Inclusion is Ready to Lead

July 22, 2020 | Andrew L. Campbell

In his June 2020 guest column, Indianapolis Bar Association President-Elect Jimmie McMillian encouraged each of us to use our “power and position as an attorney to work in conjunction with the IndyBar on issues of racial injustice.” The obvious question is “how?” The short answer from the IndyBar is to engage with the newly created Commission on Racial Equality, Diversity and Inclusion.

7th Circuit snuffs out injunction on state smokable hemp law

July 22, 2020 | Olivia Covington

An injunction prohibiting the state government from prosecuting certain uses of smokable hemp has been lifted after the 7th Circuit Court of Appeals found the prohibition was overbroad. But when the smoke clears, the appellate panel said a revised injunction may still be appropriate.

Web Exclusive: Legal clinic offers education series through Facebook

July 22, 2020 | Katie Stancombe

When in-person legal education events became virtually impossible during the ongoing COVID-19 pandemic, the Neighborhood Christian Legal Clinic chose to go virtual.

Indiana Court Decisions – July 1-15, 2020

July 22, 2020

Read Indiana appellate court opinions from the latest reporting period.

IndyBar: Free CLE Programs Available Online for IndyBar Members

July 22, 2020 | From IndyBar

2020 has been tough, to say the least. The IndyBar is committed to making your life easier, so we’ve made free CLE through the IndyBar more accessible than ever! IndyBar members can now access all of this year’s Free CLE video replays online at NO additional cost! (That’s a potential savings of over $400!)

Trimble: Now more than ever, we all need courage

July 22, 2020 | John Trimble

A courageous man, Dr. Martin Luther King Jr., once said, “There comes a time when one must take a position that is neither safe, nor politic, nor popular, but must take it because conscience tells him it is right.” In so many words, Dr. King was describing courage. Now, more than ever, we all need courage.

 

Maley: Pro bono appointments are necessary obligation for justice

July 22, 2020 | John R. Maley

I’m still processing the news that this morning my court-appointed death-row client, Wesley Purkey, was executed. I was his pro bono counsel on three civil-rights/conditions of confinement claims in the Southern District of Indiana. So as I wrestle now — and hopefully for some time — with the legal and moral aspects of capital punishment that otherwise have been remote, it seems appropriate and timely to discuss the needs and opportunities for pro bono service in civil cases in our local federal courts. Both are robust.

IndyBar: Rayann Knepley Named IndyBar Paralegal of the Year

July 22, 2020 | From IndyBar

The Indianapolis Bar Association is proud to recognize Rayann Knepley of Kids’ Voice of Indiana as the association’s Paralegal of the Year for 2020. We invite you to join the IndyBar in congratulating and celebrating Rayann for her unmatched contributions to the Indianapolis legal community!

DTCI: Spotlight on New Defense Lawyers

July 22, 2020 | From DTCI

The DTCI resumes its popular feature, “Young Lawyer Spotlight,” introducing a few of its new members to the Indiana legal community at large. DTCI members are encouraged to submit the names of their new associates for inclusion in future Spotlight features.

Hammerle on… President Trump and the national loss of honor and dignity

July 22, 2020 | Robert Hammerle

I write this article on the day our federal government executed the first prisoner in 17 years. His name was Danny Lee, and he was put to death in Terre Haute, Indiana. Our state. The original judge, prosecutor and victims’ family opposed killing Lee because the co-defendant was more culpable and received life in prison. They were ignored while our president had time to commute the sentence of his buddy Roger Stone. No time for Lee, however.

Justice center project hitting minority-contracting targets, but are they too low?

July 21, 2020 | Samm Quinn, Indianapolis Business Journal

Roughly $162 million has been committed so far to minority-owned businesses helping to build the Marion County’s massive criminal justice center complex in the Twin Aire neighborhood. Advocates for minority contractors say the goal should be higher, especially given the national conversation taking place now about racism and inequity.

Opinions July 21, 2020

July 21, 2020

Indiana Court of Appeals
Centennial Park, LLC v. Highland Park Estates, LLC
20A-PL-467
Civil plenary. Affirms the Monroe Circuit Court’s denial of Centennial Park LLC’s motion for relief from the trial court’s injunction preventing Centennial from using an easement over a lot it purchased in the Highland Park subdivision for a construction and access road. Finds the vacation of a nuisance covenant did not change circumstances such that it would be inequitable to enforce the injunction prospectively. Also finds that because the record supports a conclusion that the access road would be a nuisance with or without the covenant, Centennial Park has failed to establish that the trial court abused its discretion in denying its motion for relief from judgment.

IU McKinney students experience 2nd year of rural judicial clerkships

July 21, 2020 | IL Staff

A second round of Indiana University Robert H. McKinney School of Law students have been dispatched across the state this summer to assist rural county judges through a judicial clerkship program, despite setbacks caused by the novel coronavirus pandemic.

Indiana Democrats call for special legislative session

July 21, 2020 | Associated Press

Legislative Democrats want Indiana Gov. Eric Holcomb to bring the General Assembly back in a special session as concerns over racial injustice and rising coronavirus cases have created what they say is an immediate need for legislators to reconvene.

COA declines developer’s request for relief in access road dispute

July 21, 2020 | Katie Stancombe

A subdivision developer could not convince the Indiana Court of Appeals to lift an injunction preventing it from using an access road it built through another neighborhood for construction purposes.

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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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