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Opinions 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.

Fishers issues mask mandate that begins Friday

| 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.

Indiana launches helpline for support during virus pandemic

| 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.

Opinions 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

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.

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: […]

One reporter, two executions and haunting last words

| Michael Balsamo, Associated Press

Daniel Lewis Lee, a condemned man and convicted murderer, was asked if he wanted to make a final statement from the execution chamber at the federal prison in Terre Haute. He did. He leaned his head up and we locked eyes. “You’re killing an innocent man,” Lee said, looking directly at me. Those were his last words. He said them to me.