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Opinions April 21, 2020

April 21, 2020

Indiana Court of Appeals
Joseph D. Reed v. State of Indiana (mem. dec.)
19A-CR-2187
Criminal. Affirms Joseph Reed’s 8½-year sentence for conviction in Wayne Superior Court of Level 5 felony battery resulting in bodily injury to a public safety official with a habitual offender enhancement. Finds his sentence is not inappropriate in light of the nature of his offense and his character.

IU Maurer announces annual teaching awards

April 21, 2020 | IL Staff

Five Indiana University Maurer School of Law faculty members were honored with annual teaching awards, the law school announced last week.

US Supreme Court bans nonunanimous jury verdicts in Oregon

April 21, 2020 | Associated Press

Until Monday, Oregon was the only state that still allowed non-unanimous jury convictions. The U.S. Supreme Court ended that in a decision involving a murder conviction in Louisiana, a state which, until 2019, had also allowed non-unanimous jury convictions. But the ruling also applied to Oregon’s law.

Republican Krupp drops out of AG race, endorses new candidate Harter

April 21, 2020 | Lindsey Erdody and Indianapolis Business Journal Staff and IL Staff

One Republican is dropping out of the primary race for Indiana attorney general and endorsing a new candidate who will try to oust GOP incumbent Curtis Hill from office.

Holcomb extends stay-at-home order but eases virus restrictions on surgeries

April 21, 2020 | Associated Press

Indiana Gov. Eric Holcomb said Monday he was easing restrictions on hospitals performing elective surgeries even as the state health commissioner remained concerned over whether coronavirus infections were slowing in the state.

Imprisoned exec says COVID-19 risks justify his release

April 21, 2020 | Greg Andrews, Indianapolis Business Journal and Indianapolis Business Journal Staff

Paul Elmer, the 69-year-old former CEO of Pharmakon Pharmaceuticals, is desperately trying to win early release from federal prison in Terre Haute, saying he fears he’ll contract COVID-19 there and die.

Appeals court tosses murder conviction due to lack of jury instruction

April 20, 2020 | Katie Stancombe

A unanimous panel of the Indiana Court of Appeals threw out a man’s murder conviction Monday after finding that the Marion Superior Court abused its discretion in refusing to provide the jury an instruction on reckless homicide.

Indiana Supreme Court partially shields COVID-19 stimulus checks from debt collection

April 20, 2020 | Marilyn Odendahl

The Indiana Supreme Court issued an order Monday protecting some stimulus checks from being seized by creditors to pay past-due bills, but the decision drew a dissent from Justice Geoffrey Slaughter, who asserted the court was overstepping its role.

Opinions April 20, 2020

April 20, 2020

Indiana Court of Appeals
Kurtis L. Shorter v. State of Indiana
18A-CR-02957
Criminal. Affirms Kurtis Shorter’s aggregate 30-year sentence for conviction of Level 4 felony unlawful possession of a handgun by a serious violent felon, Class A misdemeanor possession of a synthetic drug, Class B misdemeanor possession of marijuana and his habitual offender adjudication. Finds the Elkhart Superior Court did not abuse its discretion in admitting the challenged evidence at trial. Finds the evidence is sufficient to sustain Shorter’s convictions and that the trial court did not err in denying Shorter’s motion to dismiss the habitual-offender enhancement.

Law students can counter isolation through virtual JLAP group meetings

April 20, 2020 | IL Staff

Hoosier law students shuttered indoors amidst calls to stay at home in order to prevent the spread of COVID-19 can still find comfort and support through weekly virtual meetings hosted by the Judges and Lawyers Assistance Program.

State reports 476 more COVID-19 cases, 7 more deaths

April 20, 2020 | IL and IBJ Staff

The Indiana State Department of Health on Monday said the number of positive cases for COVID-19 in the state has risen to 11,686, following the emergence of 476 more cases.

Schererville man charged in death of girlfriend’s son, 5

April 20, 2020 | Associated Press

A northwestern Indiana man has been charged with murder in the death of his girlfriend’s 5-year-old son, whose bruised body had fresh bite marks.

Trump, Congress near deal on small business, hospital aid 

April 20, 2020 | Associated Press

The Trump administration and Congress are trudging toward an agreement on an aid package of more than $450 billion to boost a small-business loan program that has run out of money and add funds for hospitals and COVID-19 testing.

Justices grant transfer for reconsideration in second PCR petition case

April 20, 2020 | IL Staff

Indiana Supreme Court justices have reversed for reconsideration a case involving a child molester’s petition for post-conviction relief after he asserted that his second PCR petition only raised issues that emerged after his habitual offender conviction was reversed and remanded for a new trial.

Conviction upheld in Elkhart synthetic drug case

April 20, 2020 | Katie Stancombe

A northern Indiana man arrested during a traffic stop could not convince the Indiana Court of Appeals on Monday that there was insufficient evidence to support his handgun- and drug-related convictions.

High court declines to hear Nebraska, Missouri death cases

April 20, 2020 | Associated Press

The Supreme Court is passing for now on deciding whether juries must find all facts necessary to impose a death sentence or whether judges can play a role, an issue Nebraska and Missouri death row inmates had asked the court to take up.

Justices rule against Montana homeowners near Superfund site

April 20, 2020 | Associated Press

The United States Supreme Court delivered a setback Monday to Montana homeowners who are seeking additional cleanup of arsenic left over from years of copper smelting.

Lacking US coordination, states including Indiana team up on when to reopen

April 20, 2020

President Donald Trump, in a roller-coaster week of reversals and contradictions, told governors to “call your own shots” on lifting stay-at-home orders once the coronavirus threat subsides. But then he took to Twitter to push some to reopen their economies quickly and tell them it was their job to ramp up testing.

Protesters gather at governor’s mansion

April 20, 2020 | Associated Press and IL Staff

More than 200 people upset over restrictions on Indiana residents because of the coronavirus protested Saturday outside the state mansion of Gov. Eric Holcomb, urging him to back off and restart the economy.

Holcomb to extend stay-at-home order until May 1

April 17, 2020 | Indianapolis Business Journal Staff

Indiana Gov. Eric Holcomb on Friday said he planned to extend the state’s stay-at-home order until May 1. The order, first issued March 23, had been set to expire Monday.

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In This Issue

  • Is mid-decade redistricting legal? Indiana Democrats prepare court challenge

  • Immigrant detainees denied bond hearings under new ruling

  • Protests, speech on college campuses under federal, state scrutiny

Most Read
  • Indianapolis attorney suspended for charging, collecting unreasonable fee 

  • Howard County judge permanently banned from judicial service

  • Will U.S. Supreme Court hear request to overturn landmark decision on same-sex marriage?

  • Indiana attorney Zuckerberg sues Meta over accusations he’s impersonating Facebook founder

  • JLAP executive director Harrell retires, IN Supreme Court announces new director

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