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Southern District to resume limited in-person criminal proceedings next week

June 8, 2020 | IL Staff

Limited in-person criminal proceedings can resume in all divisions of the U.S. District Court for the Southern District of Indiana beginning next week, the district court announced Friday.

7th Circuit affirms rejected costs award in debt collector suit

June 8, 2020 | Katie Stancombe

The 7th Circuit Court of Appeals has affirmed judgment for a man who claimed he was wrongly accused of owing money to a debt collector but declined to award him the more than $25,000 he had requested.

Lack of jurisdiction leads to Tax Court dismissal

June 8, 2020 | Katie Stancombe

A jurisdictional barrier has led the Indiana Tax Court to dismiss a case brought by a religious nonprofit.

Former judge accused of defrauding estates resigns from bar

June 8, 2020 | Dave Stafford

A one-time northern Indiana trial court judge who is accused in lawsuits of taking money from two estates in cases he represented has resigned from the Indiana bar rather than face disciplinary proceedings related to his misconduct.

Justices accept Indianapolis attorney’s resignation

June 8, 2020 | IL Staff

An Indianapolis attorney is now prevented from practicing law in the Hoosier state after Indiana Supreme Court justices accepted her resignation from the Indiana bar.

Indianapolis police to review training amid baton use probe

June 8, 2020 | Associated Press

Indianapolis’ police chief said Friday that his department is taking a look at officers’ training for responding to heated public protests while it investigates four officers caught on video using batons and pepper balls to subdue two women at a protest last weekend over the death of George Floyd.

Indiana contractor slow providing coronavirus test results

June 8, 2020 | Associated Press

A contractor hired to expand Indiana’s coronavirus testing across the state has not been meeting its target of providing results to those tested within 48 hours. Meanwhile, the recession stemming from the pandemic contributed to state tax collections coming in $230 million below expectations for May.

Delaware Co. mom pleads guilty in toddler hot-car death

June 8, 2020 | Associated Press

A woman who said she was intoxicated and asleep when her 2-year-old son climbed into a car pleaded guilty to a charge related to his death.

Suit against Allen Co. sheriff transferred to federal court

June 8, 2020 | Associated Press

A lawsuit alleging a northeastern Indiana sheriff violated a teenage boy’s constitutional rights during an altercation last year at a festival has been transferred to federal court.

Opinions June 5, 2020

June 5, 2020

Indiana Court of Appeals
Jesus Pedraza, Jr. v. State of Indiana
19A-CR-850
Criminal. Grants rehearing for the limited purpose of making a point of clarification regarding the circumstances of Jesus Pedraza’s Miranda waiver. Affirms the memorandum decision in all other respects.

Rush on race, equity: ‘We can and must do better’

June 5, 2020 | IL Staff

Citing failures of courts and justice systems to address racial inequities, Indiana Chief Justice Loretta Rush on Friday issued a statement promising change as protests over the death of George Floyd continued in streets in the Hoosier state and across the nation.

Indiana reports increase of 482 COVID-19 cases, 26 deaths

June 5, 2020 | Indianapolis Business Journal Staff and IL Staff

The Indiana State Department of Health on Friday said the number of positive cases of COVID-19 in the state has risen to 36,578. That marks an increase of 482 cases over the cumulative number — 36,096 — the department reported on Thursday.

COA affirms for neighbors in Allen County easement dispute

June 5, 2020 | Katie Stancombe

The Indiana Court of Appeals has affirmed the grant of summary judgment to a couple in an easement dispute with their neighbors, finding the doctrine of res judicata did not help the latter.

Developer’s cert petition dismissed in cell tower dispute

June 5, 2020 | Katie Stancombe

An appellate panel has reversed the denial of a cell site developer’s petition for writ of certiorari, only to find its failure to timely file a record or request an extension of time required dismissal of the petition.

Appeals court grants rehearing petition for Miranda clarification

June 5, 2020 | Katie Stancombe

A man convicted for two counts of murder had his petition for rehearing granted Friday, but solely for an appellate panel to clarify its factual recitation of his Miranda waiver.

ISBA offering ‘legal observer’ protest training tonight

June 5, 2020 | IL Staff

Amid continuing national protests following the police killing of George Floyd, the Indiana State Bar Association is offering free “legal observer” training today to those who want to help protect the rights of peaceful protestors.

Boone Co. pediatrician gets 19 years for child sex charges

June 5, 2020 | Associated Press

A suspended central Indiana pediatrician was sentenced Thursday to 19 years in prison for child molestation and related charges.

Man charged in weekend murder during Indianapolis violence

June 5, 2020 | Associated Press

A man was charged with murder Thursday in the fatal shooting of an 18-year-old during weekend violence in downtown Indianapolis that followed protests over the death of George Floyd and police treatment of African Americans.

Simon Property sues Gap for rent on coronavirus-shuttered stores

June 5, 2020 | Associated Press

Gap is being sued for refusing to pay rent for stores temporarily closed during the coronavirus pandemic. Indianapolis-based mall owner Simon Property Group said in a lawsuit filed this week that the clothing retailer owes three months of rent, totaling $65.9 million.

Opinions June 4, 2020

June 4, 2020

Indiana Court of Appeals
In Re the Paternity of J.G.; Wendy Sonora Hernandez and Margarito Guzman v. Fredy Sanchez Cortes and State of Indiana
19A-JP-2429
Juvenile paternity. Affirms the denial in Elkhart Superior Court of Wendy Sonora Hernandez’s motion for summary judgment on the state’s action seeking to establish paternity of her child by Fredy Sanchez Cortez. Finds the trial court did not err in its denial, and that mother and husband, Margarito Guzman, have failed to meet their burden on appeal to demonstrate that the court abused its discretion when it dismissed husband as a party to the action. Also finds that mother has failed to demonstrate that she was prejudiced by the trial court’s failure to provide her with explicit notice of its intent to treat her motion to dismiss as a motion for summary judgment. Lastly, holds that the state timely filed its paternity petition and that putative father was not required to register with the putative father registry before the state could file its petition.

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In This Issue

  • Attorneys emphasize planning early for smoother retirement

  • Indiana Legal Help looks ahead to what’s possible amid transition

  • Attorney for family of Hamilton County crash victim faces felony after allegedly stealing car parts

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

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  • Midwest firm accuses former partners of orchestrating mass staff exodus

  • Marion County judge blocks state’s near-total abortion ban in religious freedom case

  • Indiana’s controversial immigration bill is now law — and it may be used against IPS

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