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Opinions April 6, 2020

April 6, 2020

Indiana Court of Appeals
In the Paternity of M.S., L.S. and S.S. Maria Arriaga v. State of Indiana as Next Friend; Gabriela Ivonne De Landa, (Mother), and Samuel Salazar, (Father)
19A-JP-1595
Juvenile paternity. Reverses the St. Joseph Probate Court’s order regarding a petition for modification of custody filed by Samuel Salazar. Finds the trial court abused its discretion by denying Maria Arriaga’s motion to intervene and its finding that Arriaga was not a de facto custodian to be erroneous. Remands for the trial court to reconsider its custody modification determination and apply the relevant statutes and cases pertaining to de facto custodians. Judge Nancy Vaidik concurs in part, dissents in part.

Public, press can be included in electronic federal court proceedings

April 6, 2020 | IL Staff

Federal courts that have been forced to close courthouses to the public because of the novel coronavirus pandemic have been authorized to use technology to provide the public and press with continued access to court proceedings.

Divided COA reverses in first impression de facto custody case

April 6, 2020 | Katie Stancombe

A split Indiana Court of Appeals has reversed for the reconsideration of a father’s granted motion to modify custody after finding that a woman who raised one of his three children was, in fact, the child’s de facto custodian.

Federal judge throws out jury verdict against Marion County deputy

April 6, 2020 | Olivia Covington

A jury verdict against a Marion County sheriff’s deputy in a jail inmate’s excessive force case has been vacated after a federal magistrate judge found insufficient evidence to support an excessive-force conviction.

Justices remand for reconsideration in Munster misuse of public funds case

April 6, 2020 | Katie Stancombe

A unanimous Indiana Supreme Court has remanded a case, reinstating state claims against two former Munster school officials accused of  misappropriation of funds. The court cited its recent decision concerning a case involving a Jennings County bookkeeper.

Less than half pass February bar exam, early results show

April 6, 2020 | Marilyn Odendahl

The slump in passing rates for the Indiana bar exam is continuing with February’s preliminary results being the lowest recorded in Indiana in recent years. Just 46 percent of the 246 test takers passed, initial results show.

State reports 533 more cases of COVID-19, 12 more deaths

April 6, 2020 | Indianapolis Business Journal Staff and IL Staff

The Indiana State Department of Health on Monday morning said the number of presumptive positive cases for COVID-19 in the state has risen to 4,944 after the emergence of 533 more cases. The death toll in the state rose to 139, up from 127 the previous day.

Indiana governor extends virus stay-home order 2 weeks

April 6, 2020 | Associated Press

Indiana’s stay-at-home order was extended Friday for two more weeks as the state’s number of coronavirus-related deaths topped 100 with an anticipated peak of infections still weeks away.

Illinois court affirms South Bend man’s sentence in 2015 attack

April 6, 2020 | Associated Press

An Illinois appellate court has affirmed the 68-year sentence of an Indiana man convicted in a brutal attack of a woman at her suburban Chicago home in 2015.

Man sentenced for Tippecanoe Co. bank robberies involving lame disguises

April 6, 2020 | Associated Press

An Illinois man who pleaded guilty in a string of Indiana bank robberies pulled off while he wore wigs and fake beards as disguises has been sentenced to 40 years in prison.

Porter Co. judge keeps pregnant inmate in jail to protect unborn child

April 6, 2020 | Associated Press

A northwestern Indiana judge declined to release a pregnant inmate from jail after her mother pleaded to keep her locked up, saying her daughter’s history of substance abuse threatens the life of her unborn child.

Opinions April 3, 2020

April 3, 2020

Indiana Court of Appeals
Tony Bethel Atkins v. State of Indiana
19A-CR-00951
Criminal. Reverses and remands the Monroe Circuit Court’s grant of the state’s motion to correct error regarding the trial court’s earlier grant of Tony Atkins’ motion to suppress. Finds the trial court erred when it found that Atkins was not in custody and was not entitled to Pirtle and Miranda advisements. Finds the trial court erred by granting the State’s motion to correct error and by reversing the earlier grant of Atkins’ motion to suppress.

Man with mental disability freed, granted new trial in murder case

April 3, 2020 | Olivia Covington

A northern Indiana man who has maintained for more than a decade that law enforcement officials in Elkhart exploited his mental disability to coerce him into a false murder confession has been released from prison and granted a new trial.

Legal education adjusting to uncertain times caused by coronavirus

April 3, 2020 | Marilyn Odendahl

As potential law students are wondering whether they will be able to take the LSAT as scheduled this spring, those preparing to graduate law school are likely to be graded in their final term on a pass/fail basis.

Justices extend COVID-19 procedures, halt non-emergency warrants

April 3, 2020 | IL Staff

The Indiana Supreme Court has extended the effective date of Indiana trial court Administrative Rule 17 orders issued in response to the coronavirus pandemic, leaving them in place through May 4, according to a Friday announcement from the high court.

Disciplinary Commission offers attorneys ethical tips during COVID-19 crisis

April 3, 2020 | IL Staff

Hoosier attorneys have been offered some ethical tips from the Indiana Supreme Court Disciplinary Commission as lawyers statewide continue working remotely during the “new normal” caused by the novel coronavirus pandemic.

Reversal reinstates firearm enhancement in aggravated battery

April 3, 2020 | Katie Stancombe

An appellate panel on Friday reversed dismissal of a firearm enhancement for a man who was convicted of aggravated battery, remanding for a trial on the enhancement while also cautioning the state about “careless” oversight of criminal cases.

State leaders urge release of low-risk inmates, non-violent juveniles

April 3, 2020 | IL Staff

Leaders of all three branches of state government issued a joint letter Friday providing local communities guidance in releasing those detained in jails, correctional facilities and juvenile detention in an effort to stem the spread of coronavirus.

Reversal: COA rules for accused robber in suppression dispute

April 3, 2020 | Katie Stancombe

A man charged with armed robbery won a reversal from the Indiana Court of Appeals on Friday after the appellate panel found the trial court erred in concluding that he was not in custody when officers searched his backpack and was not entitled to be advised of his rights.

Indiana COVID-19 deaths surpass 100; prisons, 29 nursing homes affected

April 3, 2020 | IL Staff and Indianapolis Business Journal Staff

More than 100 people have died of coronavirus in Indiana, the state Department of Health reported Friday morning, a day after officials confirmed that residents at 29 Indiana nursing homes have been diagnosed with COVID-19, as had inmates at an unspecified number of correctional facilities.

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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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