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Opinions May 20, 2020

May 20, 2020

Indiana Court of Appeals
Brice Holden v. State of Indiana
19A-CR-1795
Criminal. Affirms Brice Holden’s conviction for Level 4 felony child molesting. Finds the Clay Circuit Court did not commit fundamental error in admitting the polygraph examination report. Also finds the trial court did not abuse its discretion in admitting the certified polygraph examiner’s nonhearsay testimony.

COA prepares for first-ever virtual argument

May 20, 2020 | IL Staff

The Indiana Court of Appeals’ first remote argument is scheduled to take place Thursday, just one week after the Indiana Supreme Court took an unprecedented step by hearing oral arguments through videoconference.

State reports another 569 COVID-19 cases, 38 more deaths

May 20, 2020 | Indianapolis Business Journal Staff and IL Staff

The Indiana State Department of Health on Wednesday said the number of positive cases of COVID-19 in the state has risen to 29,274, following the emergence of 569 more cases.

Indiana appellate courts extend certain emergency relief through June 14

May 20, 2020 | IL Staff

A joint order from the Indiana Supreme Court and Indiana Court of Appeals extended  emergency relief that was previously set to run through May 18. The extension comes as a result of the ongoing public health emergency posed by COVID-19.

COA affirms child-molesting convictions despite polygraph exam dispute

May 20, 2020 | Katie Stancombe

A Clay County man’s child molesting conviction was upheld on Wednesday despite his argument that the results from his polygraph test shouldn’t have been admitted as evidence.

Judges prefer Zoom for remote court hearings, survey says

May 20, 2020 | IL Staff

Judges side with Zoom as their top choice of platforms for remote court hearings during the COVID-19 crisis, a National Judicial College survey found.

US Supreme Court refuses to hear Wyoming death-penalty case

May 20, 2020 | Associated Press

The U.S. Supreme Court has refused to hear the appeal of what was Wyoming’s lone inmate on death row, possibly clearing the way for his execution.

Former Indianapolis teachers union chief gets 16 months

May 20, 2020 | Associated Press

The former president of the Indianapolis Education Association has been sentenced to 16 months in prison after pleading guilty to embezzling more than $100,000 from the union.

Former GOP congressman Rokita enters AG race, seeks to oust Hill

May 20, 2020 | Lindsey Erdody, Indianapolis Business Journal

The race for Indiana attorney general has taken another turn with a prominent Republican emerging as a candidate on the last day to file with the party. Todd Rokita becomes the third Republican candidate challenging suspended Attorney General Curtis Hill for the party nomination next month.

Opinions May 19, 2020

May 19, 2020

Indiana Supreme Court
Jesse L. Payne v. State of Indiana
20S-CR-313
Criminal. Reverses the guilty but mentally ill verdict and aggregate 90-year sentence for Jesse Payne after he confessed to burning down two covered bridges in Parke County. Finds the state presented insufficient demeanor evidence to rebut both the unanimous expert opinion that Payne is legally insane and Payne’s “well-documented history of mental illness.” Remands for the trial court to hold a hearing for Payne’s involuntary commitment under Indiana Code section 35-36-2-4. Justice Mark Massa dissents with a separate opinion joined by Justice Geoffrey Slaughter.

Justices reduce sentence for man convicted of rape

May 19, 2020 | Katie Stancombe

In granting a petition to transfer, Indiana Supreme Court justices lowered a man’s sentence after he was convicted of three counts of felony rape. A dissenting justice, however, would have denied transfer in the case.

3-2 Supreme Court reverses, finds covered bridge arsonist insane

May 19, 2020 | Katie Stancombe

A man who confessed to burning down two Indiana covered bridges has had his guilty but mentally ill verdict reversed by a divided Indiana Supreme Court. The 3-2 majority cited unanimous expert opinion that the defendant is legally insane in overturning a jury’s conclusion.

COA affirms post-retirement survivor benefits for ex-military spouse

May 19, 2020 | Katie Stancombe

A Hamilton County woman is entitled to a post-retirement survivor benefit offered by her ex-husband’s military retirement program, the Indiana Court of Appeals affirmed Tuesday.

Newest stimulus bill likely dead, but support for legal aid funding lives

May 19, 2020 | Marilyn Odendahl

Legal aid received another $50 million boost in funding as part of the new economic stimulus bill passed by the U.S. House of Representatives on Friday, but while the measure is expected to stall in the U.S. Senate, support to appropriate additional money for legal services appears strong on both sides of the aisle.

Holcomb: ‘No further action’ in AG Hill discipline case

May 19, 2020 | Olivia Covington

Indiana Gov. Eric Holcomb said he will take no further action toward possibly appointing an interim attorney general after the Indiana Supreme Court on Monday denied his request for clarification on whether AG Curtis Hill’s ongoing suspension means he has “vacated” his elected position.

High court allows bigger award in 1998 embassy bombings case

May 19, 2020 | Associated Press

The United States Supreme Court is allowing a bigger award of money to victims of the 1998 bombings by al-Qaida of the U.S. embassies in Nairobi, Kenya, and Dar es Salaam, Tanzania. Despite the court’s ruling, however, the victims may only ever collect a fraction of the billions of dollars a lower court awarded.

NIPSCO’s coal ash removal sparks environmental concerns

May 19, 2020 | Associated Press

A major utility’s plan to close five Indiana coal ash ponds at a power plant along Lake Michigan and move coal ash to a landfill has sparked concerns from environmental activists about how the dust kicked up by that project will be controlled.

Union: Inmate COVID-19 case at Terre Haute federal prison

May 19, 2020

A case of COVID-19 in an inmate has been reported at the federal prison complex in Terre Haute, a prison workers union official said.

Indiana man won’t be charged in fatal February shooting

May 19, 2020 | Associated Press

A western Indiana man who fatally shot another man during a February domestic disturbance won’t be charged in that killing because prosecutors determined he acted in self-defense.

Justices deny Holcomb’s request to clarify whether suspended AG Hill ‘vacates’office

May 18, 2020 | Olivia Covington

The Indiana Supreme Court has denied Gov. Eric Holcomb’s request for clarification on whether now-suspended Attorney General Curtis Hill has temporarily vacated his office due to his suspension. The ruling means, at least for now, Hill’s chief deputy will remain in charge of the legal operations of the Indiana Office of the Attorney General.

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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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