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Opinions Aug. 5, 2020

August 5, 2020

The following 7th Circuit Court of Appeals opinion was posted after IL Deadline Tuesday:
John Myers v. Ron Neal
19-3158
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge James R. Sweeney II.
Civil. Reverses the order granting John Myers’ petition for a writ of habeas corpus and reinstates his murder conviction in the 2000 death of Indiana University student Jill Behrman. Finds that the district court correctly held that Myers’ counsel was deficient, but determines that deficiency was not prejudicial in light of the strength of the state’s case against Myers separate and apart from those errors.

Allen County Bar Association working to improve diversity and inclusion

August 5, 2020 | IL Staff

Inspired by the call for action from Indiana Chief Justice Loretta Rush, the Allen County Bar Association has taken steps to broaden access and participation in the legal profession and the justice system.

Marion County Prosecutor’s Office again offers license reinstatement in child support initiative

August 5, 2020 | IL Staff

Noncustodial parents who have had their driver’s license suspended due to delinquent child support obligations will once again have an opportunity to have their license reinstated by the Marion County Prosecutor’s Office through a child support initiative.

Indiana’s death toll from COVID-19 surpasses 2,800

August 5, 2020 | Indianapolis Business Journal Staff and IL Staff

The Indiana State Department of Health on Wednesday reported 740 new COVID-19 cases, the ninth time in the past 10 days that new cases have exceeded 600.

Justices toss man’s child molesting charges for speedy trial violation

August 5, 2020 | Katie Stancombe

The Indiana Supreme Court has ordered discharge of child molesting counts, finding the defendant is entitled to the discharge because the state waited too long to bring a stay of the proceedings in order to toll Indiana Criminal Rule 4(C)’s one-year limitation.

8 indicted in alleged Indianapolis-Muncie drug trafficking ring

August 5, 2020 | IL Staff

Federal and local law enforcement agencies on Tuesday announced multiple indictments in an alleged drug trafficking ring dealing in fentanyl, heroin, meth and cocaine after executing numerous search and arrest warrants a day earlier.

7th Circuit reinstates Myers’ murder conviction in IU student Behrman’s death

August 5, 2020 | Olivia Covington

The murder conviction against the man found guilty of killing Indiana University student Jill Behrman has been reinstated after the 7th Circuit Court of Appeals determined that his counsel was deficient, but not prejudicial.

Fishers couple injured in Florida boat crash sue Zionsville CEO they say was driving unsafely

August 5, 2020 | Kurt Christian, Indianapolis Business Journal and Lesley Weidenbener, Indianapolis Business Journal

Two Fishers residents severely injured in a south Florida powerboat crash late last year are suing the CEO of Indianapolis-based insurance holding company Group1001 for allegedly driving the 425-horsepower boat recklessly after drinking, although he has not been criminally charged.

Appeal rejected for Ison, who pleaded guilty to 5 killings

August 5, 2020 | Associated Press and IL Staff

An Indiana appeals court has rejected the latest request by a man convicted of fatally shooting five people in southeastern Indiana in 2011 who sought to appeal his guilty pleas and sentence in those slayings.

Teachers union backs strike if schools can’t reopen safely

August 5, 2020 | Associated Press

Indiana’s second-largest teacher organization announced Tuesday that its members may resort to striking to ensure a safe return to school as the state continues to deal with the coronavirus pandemic.

Web Exclusive: First impressions of the first COVID-era jury trial

August 5, 2020 | Katie Stancombe

“I knew that I was the first trial and that if I screwed up, nobody else would get to go, so I wanted these people to be comfortable,” Lake Superior Judge Bruce Parent said. Parent and others shared their perspectives on the first Indiana jury trial permitted after court proceedings were suspended due to the pandemic.

Nimble leader: New Indy office managing partner steers Dentons Bingham Greenebaum

August 5, 2020 | Marilyn Odendahl

It is easy to understand why Meg Christensen’s favorite word these days is “nimble.” The 38-year-old attorney became the managing partner of Dentons Bingham Greenebaum’s Indianapolis office during unprecedented challenges and about six months after the merger with global giant Dentons launched a new law firm business model.

Studies show initial success in state pretrial release assessments

August 5, 2020 | Olivia Covington

With the implementation of Criminal Rule 26 in January, courts across Indiana have been required to begin using evidence-based practices to make pretrial release decisions. But do those practices actually improve the criminal justice system?

All the buzz: Beekeeping fosters camaraderie among northern Indiana judges

August 5, 2020 | Katie Stancombe

Covered from head to toe in protective fabric and netting, three northern Indiana judges set out in the summer evening toward a buzzing stack of boxes settled against a tree line. The faded brown and green frames are home to thousands upon thousands of honeybees, going about their merry way gathering and storing food.

A brave new chapter: AI tackles legal writing

August 5, 2020 | Marilyn Odendahl

A well-written opinion or brief can change the course of legal thought, but while other parts of the practice of law have been upended by technology, the physical act of writing remains pretty much a job done by humans. However, new artificial intelligence software appears poised to rewrite the definition of writing.

Resumed federal executions further divide country

August 5, 2020 | Olivia Covington

The deaths of Daniel Lewis Lee, Wesley Ira Purkey and Dustin Honken roused the anger of civil liberties lawyers, who say the executions were carried out in a rushed and even unlawful manner. The overarching question in public discussion has been “why” — why did Attorney General William Barr make the executions a priority? And why were they carried out while the country was dealing with a pandemic, racial unrest and a looming election?

Moratorium extended as landlords, tenants encouraged to avoid evictions

August 5, 2020 | Marilyn Odendahl

As Gov. Eric Holcomb extended the moratorium on evictions and foreclosures until mid-August, Indiana state courts increased their calls for residents and property owners to start trying to work out agreements that will keep families in their homes.

Disciplinary Actions 08/05/20

August 5, 2020

Read who has resigned, been placed on probation or suspended from the practice of law in Indiana during the most recent reporting period.

Notre Dame Law’s Religious Liberty Clinic expects broad reach

August 5, 2020 | Olivia Covington

Notre Dame Law School’s new Religious Liberty Clinic is designed to train lawyers in all practice areas to grapple with issues of religious freedom. “It’s critical that if we fight for freedom of religion, it’s for freedom of all religious faiths or no faith at all,” Dean G. Marcus Cole said.

Craig and Rulon: Technology keeps wheels of justice turning through COVID-19

August 5, 2020

The COVID-19 pandemic has challenged and changed how lawyers do business. Although law firms were considered essential businesses by Indiana’s stay-at-home orders, most lawyers responsibly transitioned their practices to remote working arrangements. This article focuses on how litigators used — and continue to use — technology to meet client needs and court deadlines.

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In This Issue

  • Federal lawsuits mount against top egg producers, who say avian flu outbreaks are behind price surge

  • Lawsuit seeks to thwart James Dean trademark violations

  • ACLU of Indiana sues Ball State leaders over school’s expressive activity policy, student discipline

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

  • Brownsburg school district to pay $650K to settle former teacher’s religious accommodation claims

  • Midwest firm accuses former partners of orchestrating mass staff exodus

  • New habeas corpus strategy is freeing some immigrant detainees

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

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