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Opinions July 31, 2020

July 31, 2020

Indiana Court of Appeals
Shawn G. Willet v. State of Indiana
19A-CR-2699
Criminal. Affirms the Elkhart Superior Court’s denial of Shawn Willet’s pro se “motion to dismiss sentence time served,” finding that Willet’s sentence for conviction of three counts of Class B felony sexual misconduct with a minor has not expired. Majority judges Margret Robb and Melissa May hold that Willet’s motion is treated as a petition for writ of habeas corpus. Judge Nancy Vaidik concurs in result with a separate opinion, but holds that the petition should be treated as a petition for post-conviction relief.

Technical difficulties, high anxiety prevail during pandemic-era bar exam

July 31, 2020 | Marilyn Odendahl

Although the testing software was supposed to allow individuals to take the July 2020 Indiana Bar Exam while remaining safely in their homes during the COVID-19 pandemic, the technology malfunctioned so badly that the Indiana Supreme Court will be forced to administer the test by relying on email and the applicants’ integrity.

Judge’s retirement opens St. Joseph court vacancy

July 31, 2020 | IL Staff

The coming retirement of a St. Joseph Superior Court judge has opened applications for her successor, the Indiana Supreme Court announced Friday.

Rent’s due, again: Monthly anxieties deepen as aid falls off

July 31, 2020 | Associated Press and IL Staff

Another month passes. The coronavirus pandemic marches on. And Americans struggling amid the economic fallout once again have to worry as their next rent checks come due Aug. 1.

CHINS ruling in separate cases, outside timeframes affirmed

July 31, 2020 | Dave Stafford

A father who twice was convicted of criminal charges related to domestic violence episodes against the mother of his toddler lost his appeal challenging a child in need of services determination as it relates to him.

COA affirms denial of PCR petition in meth manufacturing case

July 31, 2020 | Katie Stancombe

The Indiana Court of Appeals has affirmed the denial of a man’s petition for post-conviction relief, finding he waived his ineffective-assistance-of-counsel argument.

Man’s pro se sentence appeal denied, but COA splits over process

July 31, 2020 | Dave Stafford

A man convicted of sex crimes lost his argument on appeal that he had served the entirety of his sentence, but an appellate panel disagreed on how the man’s pro se complaint should have been treated in court.

Special prosecutor sought in alleged Monroe Co. attack on Black man

July 31, 2020 | Associated Press

A special prosecutor is being sought to handle the cases of two white men charged in an alleged assault on a Black man who says he was attacked at a southern Indiana lake and that someone threatened to “get a noose.”

Indiana students begin in-person returns to schools

July 31, 2020 | Associated Press

For many Indiana students who returned to classrooms this week for the first time since the coronavirus outbreak forced schools to transition to remote learning last March, the school day offered a mixed bag of emotions, anxiety and plenty of new health-related protocols.

Daleville woman gets 30 years for death of son, 2, in hot car

July 30, 2020 | Associated Press

A central Indiana woman whose 2-year-old son died after he climbed into a hot car and couldn’t get out has been sentenced to 30 years in prison after pleading guilty to neglect.

Opinions July 30, 2020

July 30, 2020

Indiana Court of Appeals
Michael Scott Parker v. State of Indiana
20A-CR-315
Criminal. Affirms Michael Parker’s conviction for Level 3 felony dealing in methamphetamine and Class C misdemeanor operating a motor vehicle without ever receiving a license. Finds the Tippecanoe Superior Court did not abuse its discretion in admitting certain Facebook messages.

COA reverses Owen County denial of trash transfer station   

July 30, 2020 | Katie Stancombe

A family-owned trash collection business hoping to set up a new transfer station in Owen County won a reversal from the Indiana Court of Appeals following its struggle to proceed due to a dispute with county officials.

Child support order remanded for further overpayment inquiry

July 30, 2020 | Dave Stafford

The date of a daughter’s surgeries was overlooked by a trial court in determining whether a father had met his child support obligation, the Indiana Court of Appeals ruled Thursday, remanding the case.

Facebook messages in police sting weren’t wrongly admitted in man’s jury trial 

July 30, 2020 | Katie Stancombe

Facebook messages exchanged between a man wanted on warrant and a fake profile created by police were not wrongly admitted during his jury trial, the Indiana Court of Appeals ruled in a Thursday decision.

First OWI problem-solving court starting in Allen County

July 30, 2020 | Marilyn Odendahl

Allen Circuit Court is preparing to launch Indiana’s first operating a vehicle while intoxicated problem-solving court, which will provide offenders charged with OWI the opportunity to receive treatment, change their behavior and clear their criminal record.

New IMPD use-of-force policies ban chokeholds, stress de-escalation

July 30, 2020 | Associated Press

The Indianapolis Metropolitan Police Department announced Wednesday that it has adopted new use-of-force policies in the wake of nationwide protests over racial injustice sparked by George Floyd’s death in Minneapolis police custody.

Holcomb urges virus safety steps, not tougher rules; will extend eviction moratorium

July 30, 2020 | Associated Press and IL Staff

Indiana will keep its current coronavirus restrictions in place for at least most of August, with Gov. Eric Holcomb choosing Wednesday to encourage compliance with safety measures amid continued concerns about recent growth in the state’s COVID-19 cases and hospitalizations. Holcomb also said he would briefly extend a moratorium on evictions that was scheduled to expire this week.

Trump floats election ‘delay’ amid claims of voting fraud

July 30, 2020 | Associated Press

President Donald Trump is for the first time floating a “delay” to the Nov. 3 presidential election, as he makes unsubstantiated allegations that increased mail-in voting will result in fraud.

US economy shrank at record-breaking 33% rate last quarter

July 30, 2020 | Associated Press

The U.S. economy shrank at a dizzying 32.9% annual rate in the April-June quarter — by far the worst quarterly plunge ever — when the viral outbreak shut down businesses, throwing tens of millions out of work and sending unemployment surging to 14.7%, the government said Thursday.

Lawmakers grill 4 Big Tech CEOs but don’t land many blows

July 30, 2020 | Associated Press

Congressional lawmakers finally got a chance to grill the CEOs of Big Tech over their dominance and allegations of monopolistic practices that stifle competition. But it’s unclear how much they advanced their goal of bringing some of the world’s largest companies to heel.

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In This Issue

  • Indiana State Bar Association leads new program to support rural attorneys

  • UPDATE: Senate set to vote on heavily amended immigration bill

  • Midwest firm accuses former partners of orchestrating mass staff exodus

Most Read
  • Firing squad, gas execution methods move out of Indiana House committee

  • House committee advances bill redefining hemp, putting Indiana on path to more restrictions

  • New habeas corpus strategy is freeing some immigrant detainees

  • Midwest firm accuses former partners of orchestrating mass staff exodus

  • Widow of Delaware County sheriff’s deputy files wrongful death lawsuit against trucking companies, drivers involved in fatal crash 

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