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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.

Indiana AG supports new Title IX rule for campus sexual assault allegations

July 21, 2020 | Marilyn Odendahl

Indiana Attorney General Curtis Hill has joined other Republican attorneys general in supporting the new Title IX regulation for how colleges and universities should handle sexual misconduct complaints, saying the new rule combats sexual harassment and protects constitutional liberties.

Ex-judge accused of trust theft, his lawyer sanctioned for bid to ‘mislead’ court

July 21, 2020 | Dave Stafford

An ex-Indiana judge whose former law office is accused of stealing hundreds of thousands of dollars from an estate he established that was meant to go to charity has been sanctioned — as has his defense attorney — after a judge ruled they made false statements and attempted to mislead the court in the charity’s civil lawsuit.

Fishers issues mask mandate that begins Friday

July 21, 2020 | Indianapolis Business Journal Staff

Fishers has issued a mask mandate that begins Friday, the city announced Monday night. The Fishers Health Department approved a public health order that requires, with some exceptions, all individuals ages 5 and older to wear a face covering in public indoor spaces or outdoors in situations where a distance of six feet can’t be maintained between people.

Given a chance, Trump would push court pick before election

July 21, 2020 | Associated Press

President Donald Trump and Senate Majority Leader Mitch McConnell have tried to make it clear: Given the chance, they would push through a Supreme Court nominee should a vacancy occur before Election Day.

Indiana launches helpline for support during virus pandemic

July 21, 2020 | Associated Press

Indiana residents can call and speak confidentially with a trained counselor at any hour free of charge under an initiative announced Monday. The helpline was established by FSSA’s Division of Mental Health and Addiction in direct response to the elevated levels of stress and anxiety Hoosiers are experiencing due to the COVID-19 pandemic.

‘Men’s rights’ lawyer eyed in shooting of federal judge’s family

July 20, 2020 | Associated Press

A self-described “anti-feminist” lawyer found dead in the Catskills of an apparent self-inflicted gunshot wound is considered the prime suspect in the shooting of a federal judge’s family in New Jersey, the FBI said Monday.

Opinions July 20, 2020

July 20, 2020

Indiana Court of Appeals
Santos Cortez, et al. v. Indiana University Health, Inc., et al.
19A-CT-02540
Civil tort. Affirms dismissal of a lawsuit in Marion Superior Court alleging IU Health employees falsified Santos Cortez’s medical records in a medical malpractice complaint that was settled. Holds that claims regarding the alleged alteration of Cortez’s medical records fall within the scope of the Medical Malpractice Act and therefore should have been first submitted to a medical review panel.

JQC issues guidance on judges participating in marches, social issue events

July 20, 2020

Indiana judicial officers who want to participate in public events aimed at addressing social issues are allowed to do so, as long as they can in a manner that doesn’t impinge upon the independence, integrity, and impartiality of the judiciary, a new advisory opinion from the Indiana Commission on Judicial Qualifications says.

COA reverses in part for hospital in summary judgment dispute

July 20, 2020 | Katie Stancombe

The Indiana Court of Appeals has affirmed in part the denial of an insurance company’s motion for summary judgment against a hospital. But it reversed a denial of the hospital’s own motion after finding its was entitled to judgment as a matter of law.

Adoption reversed after wrongful finding that mom’s consent not required

July 20, 2020 | Dave Stafford

A Hamilton County adoption was reversed after a trial court wrongly found the biological mother’s consent to her child’s adoption was not required. The Indiana Court of Appeals on Monday found the trial court lacked evidence to support its findings.

Alleged alteration of medical records requires second review panel, COA rules

July 20, 2020 | Dave Stafford

A man whose medical records were allegedly altered by practitioners cannot independently pursue a suit over that alteration without first proceeding through a separate medical review panel, the Indiana Court of Appeals ruled Monday.

10/1-2 – Annual Indiana Law Survey (virtual event)

Program Chairs:  Justice Steven H. David, Indiana Supreme Court Chief Judge Cale J. Bradford, Indiana Court of Appeals Click here for full agenda. Date: Thursday, October 1 – Friday, October 2, 2020 Time (local time): 8:30 am – 4:30 pm (each day) Credit hours: 12.0 CLE /2.0 Ethics Cost: $375 Click here to register. Location: […]

2 men charged in assault on Black man at Lake Monroe

July 20, 2020 | Associated Press

Two men were charged Friday in an assault on a Black man during which he says someone threatened to “get a noose” after claiming that he and his friends were trespassing when they gathered at a southern Indiana lake over the July Fourth weekend.

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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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