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AG’s office wins delay in suit challenging Hill’s eligibility

June 12, 2020 | Dave Stafford

Lawyers for the Indiana Attorney General’s Office asked for a change of judge late Thursday on the eve of the first scheduled hearing in a lawsuit seeking to declare suspended Attorney General Curtis Hill ineligible to serve. Lawyers for the AG’s Office — who also filed on behalf of Gov. Eric Holcomb — also asked to vacate the hearing.

Indiana theaters, bars, playgrounds reopening Friday, but not in Indianapolis

June 11, 2020 | Associated Press

Movie theaters, bars, museums and amusement parks across Indiana will be allowed to reopen Friday for the first time in nearly three months, as the governor announced Wednesday that he was moving up by two days the next stage of easing the state’s coronavirus restrictions. Indianapolis and Marion County, however, will delay the final reopening phase for another week, Mayor Joe Hogsett announced Thursday.

Opinions June 11, 2020

June 11, 2020

Indiana Court of Appeals
Christal Trowbridge v. In re the Estate of Everett Thomas Trowbridge, Michael T. Trowbridge
19A-ES-3022
Estate. Reverses the Clark Circuit Court’s refusal to probate the will of Christal Trowbridge’s ex-husband, Everett Thomas Trowbridge. While affirming the probate court’s conclusion that Everett’s estate is entitled to the presumption that Trowbridge destroyed his will with the intent to revoke it, agrees with Christal that the court did not engage in the proper analysis to determine whether she rebutted that presumption. Remands on that issue with instructions for the court to issue a new order applying the correct analysis.

Advocates seek injunction to expand vote by mail in November election

June 11, 2020 | Marilyn Odendahl

An Indiana grassroots organization and 12 state residents are asking a federal court to order Hoosier election officials extend no-excuse absentee balloting for the 2020 general election in November because, they say, voters will still be at risk of contracting COVID-19.

Hoosier concrete company secures reversal on Ohio collection judgment

June 11, 2020 | Katie Stancombe

Judgment has been reversed for an Indiana concrete leveling company after the Indiana Court of Appeals found an Ohio judgment of more than $155,000 entered against the company is void due to lack of personal jurisdiction.

COA again reverses for ex-wife in dispute over late husband’s will   

June 11, 2020 | Katie Stancombe

An Indiana Court of Appeals panel has again reversed for a woman who claimed her ex-husband did not die intestate, holding that a probate court did not engage in the proper analysis to determine whether she rebutted whether the man destroyed his will with the intent to revoke it.

JNC hears from additional applicants before selecting COA semi-finalists

June 11, 2020 | Olivia Covington

With seven semifinalists named, the Indiana Judicial Nominating Commission is preparing for a second round of interviews with candidates who are seeking to fill an upcoming vacancy on the Indiana Court of Appeals.

Prosecutor probing Indianapolis cops’ beating of black woman

June 11, 2020 | Associated Press

A prosecutor said he has opened a criminal investigation into Indianapolis police officers who were caught on video using batons to subdue a black woman at a protest over the death of George Floyd.

Suit asks judge to decide AG Hill’s eligibility before suspension ends

June 11, 2020 | IL Staff and Associated Press

Plaintiffs who have filed a lawsuit seeking to remove suspended Indiana Attorney General Curtis Hill have asked the judge in the case to rule on Hill’s eligibility to continue to serve before his 30-day suspension concludes on Wednesday.

7th Circuit halts COVID-19 release for man convicted in IU student’s murder

June 11, 2020 | Olivia Covington

The man convicted in the 2000 murder of Indiana University student Jill Behrman must stay in prison while his habeas case is on appeal, the 7th Circuit Court of Appeals has ruled in a decision vacating a release order issued less than two weeks ago.

AG Hill terminated as defendant in groping accusers’ federal lawsuit

June 11, 2020 | Olivia Covington

Indiana Attorney General Curtis Hill has won a victory in the continued fallout of the sexual misconduct allegations against him, successfully moving a federal judge to dismiss him as a defendant in a civil lawsuit brought against him and the Indiana Legislature. Also, the state lawmaker who helped initiate the complaint has been dismissed as a plaintiff.

Special prosecutor asks state police to investigate Indy police shooting

June 11, 2020 | Associated Press and IL Staff

The special prosecutor named to oversee the May 6 shooting death of a black man by an Indianapolis Metropolitan Police Department officer asked the Indiana State Police on Wednesday to handle the investigation. IMPD also on Wednesday released the names of officers involved in the shooting.

Lawsuit on suspended AG Hill’s fate stalls

June 11, 2020 | Associated Press and IL Staff

A lawyer maintains the Indiana attorney general’s office is trying to stymie a court fight on whether Republican Attorney General Curtis Hill can be ousted from office while his law license remains suspended until next week for groping four women during a party.

7 COA candidates advance to second round of interviews

June 10, 2020 | Olivia Covington

The Indiana Judicial Nominating Commission has selected seven of 13 candidates to advance to the next round of interviews as the commission works to fill an upcoming vacancy on the Indiana Court of Appeals.

Opinions June 10, 2020

June 10, 2020

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Tuesday:
7th Circuit Court of Appeals
Erin Johnson v. Enhanced Recovery Company, LLC
19-1210 & 19-1334
Appeals from the United States District Court for the Northern District of Indiana, Hammond Division. Judge Philip P. Simon.
Civil. Affirms the district court’s entry of summary judgment for Enhanced Recovery on Erin Johnson’s class-action complaint seeking damages under the Fair Debt Collection Practices Act. Finds Johnson failed to present any evidence other than her own opinions that a letter sent by ERC was misleading. Affirms on cross-appeal the district court’s denial of ERC’s prior motion to dismiss, finding denial was proper because the court found Johnson had presented a plausible claim.

COA rules for E. Chicago families against state agencies in lead exposure case

June 10, 2020 | Katie Stancombe

Hundreds of families who were unknowingly exposed for years to high levels of lead in Northern Indiana have secured a victory against state and local entities after the Indiana Court of Appeals affirmed the denial of the latter’s motion for judgment on the pleadings.

Appellate panel affirms dismissal of quadriplegic’s complaint against insurer

June 10, 2020 | Katie Stancombe

A man rendered a quadriplegic after a serious car wreck was unable to convince the Indiana Court of Appeals on Wednesday that his amended complaint was wrongly dismissed. The decision leaves in limbo collection of a $21 million jury award in favor of the injured man.

First remote interviews for COA vacancy held amid pandemic

June 10, 2020 | Olivia Covington

In a first for Indiana, applicants seeking to join the state’s appellant bench were interviewed remotely Wednesday.  After multiple continuations, the seven-member Judicial Nominating Commission logged in to Zoom on Wednesday morning to hold 20-minute interviews with candidates seeking to succeed retiring Court of Appeals Judge John Baker.

7th Circuit affirms judgment for collection agency in class-action suit

June 10, 2020 | Dave Stafford

A district court properly ruled for a debt collector in a class-action suit that sought damages for allegedly misleading letters sent to consumers, the 7th Circuit Court of Appeals ruled Wednesday.

Mother wins reversal in termination appeal over consent advisement

June 10, 2020 | Dave Stafford

A mother whose parental rights were terminated after she signed a form voluntarily relinquishing them may not have been properly advised, the Indiana Court of Appeals ruled Wednesday, reversing the termination and remanding the case to the trial court.

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In This Issue

  • New bail legislation aims to weigh due process and public safety

  • Efforts to boost judicial safety gain steam after shooting

  • Appeals court to hear arguments over accidental release of depositional evidence to jury

Most Read
  • Firing squad, gas execution methods move out of Indiana House committee

  • Kokomo couple get a combined 50 years in prison for dealing deadly drugs

  • Tippecanoe County judge, wife in stable condition after being shot at their home

  • Nominations being accepted for the 2024 Henry Hurst Judicial Assistance Award

  • Shooting of Tippecanoe County judge was gang-related hit, authorities say

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