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Clerk warns that thousands of mail-in ballots might not be counted; voters can still go to polls

May 29, 2020 | Lesley Weidenbener, Indianapolis Business Journal

Thousands of voters in Marion County who planned to vote by mail in Tuesday’s election may not have the opportunity because they won’t receive their ballots in time, Marion County Clerk Myla Eldridge told state officials in a letter Thursday.

New attorneys get help navigating COVID-19 in ISBA program 

May 28, 2020 | IL Staff

An Indiana State Bar Association online program geared toward newly admitted attorneys is hoping to prepare and equip new lawyers on how to begin their legal careers in the midst of uncertain times posed by COVID-19.

Death penalty ‘secrecy statute’ goes before Indiana Supreme Court

May 28, 2020 | Olivia Covington

The longstanding dispute over whether the Indiana Department of Correction can keep the identities of its lethal-injection drug suppliers secret reached the Indiana Supreme Court this week, with the parties offering strongly divergent views on Hoosier public access laws and constitutional rights.

Opinions May 28, 2020

May 28, 2020

Indiana Court of Appeals
Universal Auto, LLC, d/b/a James Myers v. Cory Murray
19A-PL-1225
Civil plenary. Affirms the Marion Superior Court’s entry of judgment in Cory Murray’s favor on his contract claim for damages and Universal Auto LLC’s counterclaim for damages and attorney’s fees. Finds Murray had not defaulted on the sales contract when Universal repossessed his vehicle. Also finds that Universal failed to carry its burden of demonstrating prima facie error concerning its counterclaim and Murray’s contract claim.

Appeals court affirms for used car buyer in defaulted sales contract dispute

May 28, 2020 | Katie Stancombe

An auto dealer couldn’t sway an appellate court’s ruling for one of the dealer’s customers after the court found the man who immediately had problems with the vehicle hadn’t defaulted on his sales contract because payment was not due.

Pike County deputy won’t face charges in man’s fatal shooting

May 28, 2020 | Associated Press

A sheriff’s deputy won’t face criminal charges for fatally shooting a southwestern Indiana man who had called officers to his home, claiming he and his wife were starving, a prosecutor has determined.

Derek Daly says money ‘secondary’ issue in suit against Emmis, Colts, broadcasters

May 28, 2020 | Anthony Schoettle, Indianapolis Business Journal

Former IndyCar driver and longtime television racing analyst Derek Daly said he’s not looking to settle a lawsuit he filed last week in Hamilton County against Indianapolis-based Emmis Communications Corp., the Indianapolis Colts, former Colts game announcer Bob Lamey and Emmis on-air sports personality Joe Staysniak.

Ex-Paoli police officer pleads guilty to keeping meth, evidence

May 28, 2020 | Associated Press

A former southern Indiana police officer has pleaded guilty to keeping methamphetamine and other police evidence that was supposed to have been placed in the department’s evidence room.

Indiana regulators agree to hear utility request to raise rates in wake of pandemic losses

May 28, 2020 | John Russell, Indianapolis Business Journal

Two weeks after 10 Indiana utilities asked state regulators for permission to charge ratepayers for millions of dollars in revenue the utilities stand to lose because of the COVID-19 pandemic, the state has agreed to consider the matter.

Trump preparing order targeting social media protections

May 28, 2020 | Associated Press

President Donald Trump is preparing to sign an executive order Thursday aimed at curbing liability protections for social media companies, two days after he lashed out at Twitter for applying fact checks to two of his tweets.

Trump continues to claim broad powers he doesn’t have

May 28, 2020 | Associated Press

Threatening to shut down Twitter for flagging false content. Claiming he can “override” governors who dare to keep churches closed to congregants. Asserting the “absolute authority” to force states to reopen, even when local leaders say it’s too soon.

Minneapolis mayor: Officer who put knee on neck of man who died should be charged

May 28, 2020 | Associated Press

The mayor of Minneapolis called Wednesday for criminal charges against the white police officer seen on video kneeling on the neck of a handcuffed black man who complained that he could not breathe and died in police custody.

Opinions May 27, 2020

May 27, 2020

Indiana Court of Appeals
In Re the Supervised Estate of Dorothy M. Hall (Decedent), Doloris Tilly v. Jeff Hall and Doris Andres
19A-ES-1450
Estate. Affirms the Floyd Circuit Court’s April 26, 2019 interlocutory order in the supervised estate of Dorothy M. Hall. Finds reversal is not warranted on Doloris Tilly’s argument that her stepbrother Jeff Hall’s affidavits were improperly considered by the trial court. Also finds no abuse of its discretion in denying her request to strike Hall’s responses to her request for admissions. Lastly, finds that Ind. Code § 29-1-14-1 does not require reversal and that Hall was not required to file a separate request to set aside the March 2010 deeds or join stepsister Doris Andres’s petition.

Word substitution causes trouble, but plea agreement stands

May 27, 2020 | Marilyn Odendahl

A Fayette County man’s confusion about a state statute complicated by a prosecutor’s poor word choice drew some sympathy from the Indiana Court of Appeals but was not enough to win a reversal.

Appellate court dismisses case involving father’s DCS dispute

May 27, 2020 | Katie Stancombe

An appellate court has dismissed a case involving allegations made against a father to the Indiana Department of Child Services, finding that it doesn’t have jurisdiction over the proceedings in his case.

Hammond zoning suit over deck near property line goes back to trial court

May 27, 2020 | Dave Stafford

A zoning lawsuit over a deck that violates Hammond’s zoning ordinance by being too close to a neighbor’s side yard was reinstated by the Indiana Court of Appeals on Wednesday. The appeals court found that in dismissing the suit, judges had misapplied an affirmative defense that the landowner had not pleaded.

COA affirms trial court in siblings’ estate squabble

May 27, 2020 | Katie Stancombe

The Indiana Court of Appeals in an interlocutory appeal has affirmed for a brother in a sibling squabble over Southern Indiana real estate and property left by their mother after her death.

Appeals court slams due process violations in TPR cases: ‘This must stop’

May 27, 2020 | Dave Stafford

Indiana trial courts and the Department of Child Services continue to deprive parents of their due process rights after years of warnings, the Indiana Court of Appeals said Wednesday, reversing the termination of a mother’s parental rights when the termination hearing went on without her or her lawyer present. In doing so, appellate judges strongly restated that courts and DCS have a duty to ensure parents’ rights aren’t violated.

Seized vehicle that sparked SCOTUS civil forfeiture ruling returned to owner

May 27, 2020 | Olivia Covington

The Marion man at the center of an Indiana civil forfeiture case that went all the way to the U.S. Supreme Court reached a milestone in his case this week when his vehicle was returned to him. However, the court battle is not over.

Man loses PCR bid against criminal contempt sentences

May 27, 2020 | Olivia Covington

A man seeking post-conviction relief from a nearly two-year contempt sentence did not persuade the Indiana Court of Appeals that his counsel was ineffective, though one judge on the panel noted her vote would have been different if the case were in a different procedural posture.

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In This Issue

  • Indiana State Bar Association leads new program to support rural attorneys

  • Midwest firm accuses former partners of orchestrating mass staff exodus

  • UPDATE: Senate set to vote on heavily amended immigration bill

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

  • House committee advances bill redefining hemp, putting Indiana on path to more restrictions

  • New habeas corpus strategy is freeing some immigrant detainees

  • Midwest firm accuses former partners of orchestrating mass staff exodus

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

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