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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.

Man fatally shot during standoff with Indianapolis police

July 20, 2020 | Associated Press

Indianapolis authorities said a man was shot and killed Sunday morning in a standoff with police.

Son of US District Judge Esther Salas killed, husband shot

July 20, 2020 | Associated Press

A gunman shot and killed the 20-year-old son of a federal judge as he answered the door of the family home Sunday in New Jersey and shot and wounded the judge’s husband before fleeing, according to judiciary officials.

One reporter, two executions and haunting last words

July 20, 2020 | 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.

Iowa meth kingpin is third executed by US government this week

July 17, 2020 | Associated Press

The U.S. government on Friday afternoon put to death an Iowa chemistry student-turned-meth kingpin convicted of killing five people, the third execution by the federal government this week at the federal prison in Terre Haute.

Opinions July 17, 2020

July 17, 2020

Indiana Court of Appeals
Nicholas David McHenry v. State of Indiana
19A-CR-02460
Criminal. Affirms Nicholas McHenry’s aggregate 24-year sentence for his convictions of two counts of Level 4 felony child molesting. Declines the state’s request to dismiss McHenry’s appeal because his plea agreement allowed him to appeal his sentence following an open plea, and the plea agreement left sentencing entirely to the trial court’s discretion. Finds that McHenry’s sentence is not inappropriate given the nature of his offense and his character, particularly in light of McHenry’s continuing acts of criminal sexual behavior.

High court amends appellate rules, rescinds June order

July 17, 2020 | IL Staff

The Indiana Supreme Court has amended several rules of appellate procedure. The order comes after the high court rescinded an order amending appellate rules issued June 26.

COA declines to dismiss appeal, but affirms child molesting sentence

July 17, 2020 | Katie Stancombe

The Indiana Court of Appeals has affirmed a man’s child molesting sentence, declining the state’s request to dismiss his appeal while also finding that his consecutive sentences are not inappropriate.

Conviction upheld for man who killed wife over mental health issues

July 17, 2020 | Katie Stancombe

A man who shot and killed his wife during an argument about her mental health issues could not convince the Indiana Court of Appeals on Friday that his decades-long sentence for murder was inappropriate.

Justice Ginsburg says cancer has returned, but she won’t retire

July 17, 2020 | Associated Press

Justice Ruth Bader Ginsburg said Friday she is receiving chemotherapy for a recurrence of cancer, but has no plans to retire from the Supreme Court.

Indianapolis police aim for August start for body cameras

July 17, 2020 | Associated Press

Indianapolis police hope to begin outfitting patrol officers with body cameras by early August under a contract the department recently signed to lease the cameras, the city’s police chief said.

Virus downturn knocks Indiana surplus down $850 million

July 17, 2020 | Associated Press

Plunging tax collections caused by the coronavirus pandemic have delivered an $850 million hit to Indiana’s state budget reserves, and a top state official said Thursday he anticipates possibly steep spending cuts in the coming years.

Indiana’s virus testing falling short on sites, results

July 17, 2020 | Associated Press

Indiana’s state-sponsored coronavirus testing program has not been meeting the levels of testing or the speed of results that were touted when it was started in May.

Investigators list potential crimes in Monroe Co. assault case

July 17, 2020 | Associated Press

State investigators identified six potential crimes Thursday in an incident report concerning the reported assault on a Black man at a southern Indiana lake.

Iowa drug kingpin who killed 5 set for execution Friday

July 17, 2020 | Associated Press

A meth kingpin from Iowa who killed five people, including two young girls, is scheduled Friday to become the third federal inmate to be executed this week, following a 17-year pause in federal executions.

Bosma stepping down early, after 34 years as state lawmaker

July 17, 2020 | Lindsey Erdody, Indianapolis Business Journal

Former Indiana House Speaker Brian Bosma said he plans to leave the Legislature at the end of the month — five months before his term expires.

Opinions July 16, 2020

July 16, 2020

The following 7th Circuit Court of Appeals opinions were posted after IL deadline on Wednesday:
Leif Hinterberger, et al. v. City of Indianapolis
19-3365
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Senior Judge Sarah Evans Barker.
Civil. Affirms the rejection of Leif Hinterberger’s statement of facts for violation the district court’s rulings governing summary judgment practice, and the entry of summary judgment against Hinterberger. Finds the district court did not abuse its discretion in striking Hinterberger’s statement because it did not comply with Local Rule 56-1, nor did it err in entering summary judgment against him on each of his claims.

7th Circuit upholds dismissal of Indiana Harbor rail lease litigation

July 16, 2020 | Dave Stafford

A lease dispute between the majority and minority owners of Chicago-area rail switch carrier Indiana Harbor Belt Railroad was properly dismissed, the 7th Circuit Court of Appeals ruled Thursday.

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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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