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When in-person legal education events became virtually impossible during the ongoing COVID-19 pandemic, the Neighborhood Christian Legal Clinic chose to go virtual.
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Indiana Court Decisions – July 1-15, 2020
Read Indiana appellate court opinions from the latest reporting period.
IndyBar: Free CLE Programs Available Online for IndyBar Members
2020 has been tough, to say the least. The IndyBar is committed to making your life easier, so we’ve made free CLE through the IndyBar more accessible than ever! IndyBar members can now access all of this year’s Free CLE video replays online at NO additional cost! (That’s a potential savings of over $400!)
Trimble: Now more than ever, we all need courage
A courageous man, Dr. Martin Luther King Jr., once said, “There comes a time when one must take a position that is neither safe, nor politic, nor popular, but must take it because conscience tells him it is right.” In so many words, Dr. King was describing courage. Now, more than ever, we all need courage.
Maley: Pro bono appointments are necessary obligation for justice
I’m still processing the news that this morning my court-appointed death-row client, Wesley Purkey, was executed. I was his pro bono counsel on three civil-rights/conditions of confinement claims in the Southern District of Indiana. So as I wrestle now — and hopefully for some time — with the legal and moral aspects of capital punishment that otherwise have been remote, it seems appropriate and timely to discuss the needs and opportunities for pro bono service in civil cases in our local federal courts. Both are robust.
IndyBar: Rayann Knepley Named IndyBar Paralegal of the Year
The Indianapolis Bar Association is proud to recognize Rayann Knepley of Kids’ Voice of Indiana as the association’s Paralegal of the Year for 2020. We invite you to join the IndyBar in congratulating and celebrating Rayann for her unmatched contributions to the Indianapolis legal community!
DTCI: Spotlight on New Defense Lawyers
The DTCI resumes its popular feature, “Young Lawyer Spotlight,” introducing a few of its new members to the Indiana legal community at large. DTCI members are encouraged to submit the names of their new associates for inclusion in future Spotlight features.
Hammerle on… President Trump and the national loss of honor and dignity
I write this article on the day our federal government executed the first prisoner in 17 years. His name was Danny Lee, and he was put to death in Terre Haute, Indiana. Our state. The original judge, prosecutor and victims’ family opposed killing Lee because the co-defendant was more culpable and received life in prison. They were ignored while our president had time to commute the sentence of his buddy Roger Stone. No time for Lee, however.
Justice center project hitting minority-contracting targets, but are they too low?
Roughly $162 million has been committed so far to minority-owned businesses helping to build the Marion County’s massive criminal justice center complex in the Twin Aire neighborhood. Advocates for minority contractors say the goal should be higher, especially given the national conversation taking place now about racism and inequity.
Opinions July 21, 2020
Indiana Court of Appeals
Centennial Park, LLC v. Highland Park Estates, LLC
20A-PL-467
Civil plenary. Affirms the Monroe Circuit Court’s denial of Centennial Park LLC’s motion for relief from the trial court’s injunction preventing Centennial from using an easement over a lot it purchased in the Highland Park subdivision for a construction and access road. Finds the vacation of a nuisance covenant did not change circumstances such that it would be inequitable to enforce the injunction prospectively. Also finds that because the record supports a conclusion that the access road would be a nuisance with or without the covenant, Centennial Park has failed to establish that the trial court abused its discretion in denying its motion for relief from judgment.
IU McKinney students experience 2nd year of rural judicial clerkships
| IL Staff
A second round of Indiana University Robert H. McKinney School of Law students have been dispatched across the state this summer to assist rural county judges through a judicial clerkship program, despite setbacks caused by the novel coronavirus pandemic.
Indiana Democrats call for special legislative session
Legislative Democrats want Indiana Gov. Eric Holcomb to bring the General Assembly back in a special session as concerns over racial injustice and rising coronavirus cases have created what they say is an immediate need for legislators to reconvene.
COA declines developer’s request for relief in access road dispute
A subdivision developer could not convince the Indiana Court of Appeals to lift an injunction preventing it from using an access road it built through another neighborhood for construction purposes.
Indiana AG supports new Title IX rule for campus sexual assault allegations
Indiana Attorney General Curtis Hill has joined other Republican attorneys general in supporting the new Title IX regulation for how colleges and universities should handle sexual misconduct complaints, saying the new rule combats sexual harassment and protects constitutional liberties.
Ex-judge accused of trust theft, his lawyer sanctioned for bid to ‘mislead’ court
An ex-Indiana judge whose former law office is accused of stealing hundreds of thousands of dollars from an estate he established that was meant to go to charity has been sanctioned — as has his defense attorney — after a judge ruled they made false statements and attempted to mislead the court in the charity’s civil lawsuit.
Fishers issues mask mandate that begins Friday
Fishers has issued a mask mandate that begins Friday, the city announced Monday night. The Fishers Health Department approved a public health order that requires, with some exceptions, all individuals ages 5 and older to wear a face covering in public indoor spaces or outdoors in situations where a distance of six feet can’t be maintained between people.
Given a chance, Trump would push court pick before election
President Donald Trump and Senate Majority Leader Mitch McConnell have tried to make it clear: Given the chance, they would push through a Supreme Court nominee should a vacancy occur before Election Day.
Indiana launches helpline for support during virus pandemic
Indiana residents can call and speak confidentially with a trained counselor at any hour free of charge under an initiative announced Monday. The helpline was established by FSSA’s Division of Mental Health and Addiction in direct response to the elevated levels of stress and anxiety Hoosiers are experiencing due to the COVID-19 pandemic.
‘Men’s rights’ lawyer eyed in shooting of federal judge’s family
A self-described “anti-feminist” lawyer found dead in the Catskills of an apparent self-inflicted gunshot wound is considered the prime suspect in the shooting of a federal judge’s family in New Jersey, the FBI said Monday.
Opinions July 20, 2020
Indiana Court of Appeals
Santos Cortez, et al. v. Indiana University Health, Inc., et al.
19A-CT-02540
Civil tort. Affirms dismissal of a lawsuit in Marion Superior Court alleging IU Health employees falsified Santos Cortez’s medical records in a medical malpractice complaint that was settled. Holds that claims regarding the alleged alteration of Cortez’s medical records fall within the scope of the Medical Malpractice Act and therefore should have been first submitted to a medical review panel.