2 teens charged in slaying of Gary pizza delivery driver
Two teenage boys, one of whom already faced a murder charge, have been charged in the fatal shooting last fall of a pizza delivery driver in Gary.
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Biden vows to defeat Trump, end ‘season of darkness’
Joe Biden accepted the Democratic presidential nomination with a vow to be a unifying “ally of the light” who would move an America in crisis past the chaos of President Donald Trump’s tenure.
Opinions Aug. 20, 2020
Indiana Court of Appeals
Judy Reece v. Tyson Fresh Meats, Inc., et al.
20A-CT-214
Civil tort. Majority affirms the grant of summary judgment in favor of Tyson Fresh Meats Inc. and Tyson Foods Inc. in a lawsuit alleging that tall grass on its property obstructed the view of an intersection before a crash in which a motorcyclist sustained catastrophic brain injuries. Finds Tyson negated the element of duty in Reece’s negligence claim. Senior Judge John Baker dissents, finding multiple issues of fact rendering summary judgment inappropriate, and would consequently reverse and remand for proceedings. Unanimously affirms the trial court’s evidentiary rulings.
Trump appeals as judge OKs Manhattan DA getting tax returns
As President Donald Trump’s lawyers moved swiftly Thursday to appeal a federal judge’s ruling that granted Manhattan’s top prosecutor access to his tax returns, Trump blasted the long-running quest for his financial records as a “continuation of the most disgusting witch hunt in the history of our country.”
Divided COA panel affirms for Tyson in catastrophic motorcycle crash suit
The guardian of a Wayne County man who sustained catastrophic brain injuries in a motorcycle crash lost an appeal of a judgment against her negligence suit Thursday, but one judge would have permitted her case against a meat plant near the crash scene to proceed.
ILS helping vulnerable Hoosiers get stimulus checks
| IL Staff
Indiana Legal Services has launched a public education campaign to help all eligible Hoosiers access their federal stimulus payments, noting millions of dollars could remain unclaimed unless individuals act before the Oct. 15 deadline.
Advisory opinion: Judges can advise family members behind the scenes
Indiana judges can advise family members on legal issues, but they must do so in a behind-the-scenes way that does not “trade on the prestige” of their office, a judicial ethics opinion issued Thursday says.
State, Planned Parenthood agree to delay enforcement of 18-hour abortion ultrasound law
The battle over an enjoined Indiana law requiring women to obtain an ultrasound 18 hours before an abortion has taken a new turn, with the parties entering an agreement that would vacate the injunction in the new year.
Ex-Trump adviser Steve Bannon charged in border wall scheme
Former White House adviser Steve Bannon was arrested Thursday on charges that he and three others ripped off donors to an online fundraising scheme “We Build The Wall.”
Prosecutors: Envelope DNA linked man to cold case rapes, assaults
A man is being held in Shelbyville on a $20 million bond after he was linked to a series of sexual assaults in a central Indiana county more than 30 years ago by his DNA on an envelope for a utility bill payment, authorities said.
More than 30,000 Hoosiers apply for state rental assistance
More than 30,000 Hoosiers who have fallen behind on rent because of the COVID-19 pandemic have applied for financial assistance from the state — nearly triple the amount Indiana officials originally expected.
Indiana expects to begin offering $300 unemployment bonuses next month
Indiana has applied for the federal government’s Lost Wages Assistance program and hopes to begin delivering the $300 supplemental weekly payments to most people receiving unemployment benefits in the next month or so.
Opinions Aug. 19, 2020
The following Supreme Court opinions were posted after IL deadline Tuesday:
Jordan B. Wadle v. State of Indiana
19S-CR-340
Criminal. Affirms and reverses in part Jordan Wadle’s convictions of Level 3 felony leaving the scene of an accident, Level 5 felony operating a vehicle while intoxicated causing serious bodily injury and Level 6 felony counts of OWI endangering a person and OWI with a blood-alcohol concentration of 0.08 or more, and his 16-year sentence with two years suspended to probation. Overrules the Richardson v. State constitutional tests in resolving claims of substantive double jeopardy and instead adopts an analytical framework that applies the statutory rules of double jeopardy. Finds the statutory offenses charged against Wadle were alternative sanctions, so his multiple convictions violate the statutory rules of substantive double jeopardy. Also finds Wadle’s conviction of Level 3 felony leaving the scene of an accident justifies his sentence. Remands for Fayette Superior Court to vacate all but one of Wadle’s convictions, Level 3 felony leaving the scene of the accident, and to leave his sentence in place.
Indiana in shrinking minority as Kentucky adopts UBE
In an order issued by the Kentucky Supreme Court on Friday, the commonwealth has joined the growing list of states adopting the Uniform Bar Exam, putting Indiana in an even smaller group of non-UBE jurisdictions.
COA narrows claims against Bayer in Essure birth control defect case
A panel of the Indiana Court of Appeals narrowed the claims of women who sued pharmaceutical giant Bayer claiming alleged defects in the permanent birth control device Essure. The ruling Wednesday came after the Indiana Supreme Court remanded the case for the appeals court to address the viability of plaintiffs’ claims.
Justices toss OWI convictions, adopt new substantive double jeopardy test
Overruling a constitutional test for resolving claims of substantive double jeopardy and adopting a new test in its place, the Indiana Supreme Court has partially reversed a man’s drunken driving convictions on double jeopardy grounds. His 16-year sentence, however, will remain.
Justices reinstate attempted murder conviction vacated by COA
A man who fired multiple gunshots into a car in Lafayette after a confrontation was properly convicted of two counts of attempted murder, the Indiana Supreme Court ruled, reinstating one of the charges that had been vacated by the Indiana Court of Appeals.
Appeals court upholds suppression of statements in child molesting case
The grant of an alleged child molester’s motion to suppress a statement he made to police was not in error because the statement was obtained during a custodial interrogation without Miranda warnings, an appellate court has ruled.
Whitestown attorney suspended from practice of law for noncooperation
| IL Staff
The Indiana Supreme Court has suspended a Whitestown lawyer from the practice of law for his noncooperation with the disciplinary commission.
Democrats nominate Biden for epic challenge to oust Trump
Democrats formally nominated Joe Biden as their presidential candidate, with party elders, a new generation of politicians and voters in every state joining in an extraordinary, pandemic-cramped virtual convention to send him into the general election campaign to oust President Donald Trump.