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Holcomb to ease stay-at-home restrictions starting Monday

May 1, 2020 | Lindsey Erdody and Indianapolis Business Journal Staff

Pursuant to a new executive order released Friday that goes into effect Monday and lasts through May 23, Indiana retailers — including malls — will be allowed to open at 50% capacity; manufacturers not currently operating will be permitted to do so; offices can have employees return but are encouraged to continue remote work when possible; public libraries can open; and the essential travel restrictions will be lifted.

Adams Co. judge receives public reprimand for judicial misconduct

May 1, 2020 | Olivia Covington

The judge of the Adams County Drug Court has received a public reprimand from the Indiana Supreme Court after being found in violation of four judicial ethics rules related to his dispute with other county officials on behalf of his drug court coordinator.

Indiana appellate courts extend emergency relief due to COVID-19

May 1, 2020 | IL Staff

A joint Thursday order from the Indiana Supreme Court and Indiana Court of Appeals has announced that an order granting emergency relief through May 4 has been extended due to the ongoing public health emergency posed by COVID-19.

Opinions May 1, 2020

May 1, 2020

Indiana Court of Appeals
F.A. v. State of Indiana
19A-JV-2438
Juvenile. Reverses the Lawrence Circuit Court’s order requiring F.A. and her mother to reimburse the costs of F.A.’s secure detention. Finds the juvenile court erred by failing to conduct an inquiry into F.A.’s mother’s ability to pay the costs of secure detention and by ordering F.A. to pay the costs. Remands for further proceedings. Judge Patricia Riley concurs in result without opinion.

7th Circuit splits in loan modification dispute, rules in bank’s favor

May 1, 2020 | Katie Stancombe

A 7th Circuit Court of Appeals majority affirmed Thursday the dismissal of a homeowner’s complaint against a bank that he alleged failed to honor a loan-modification offer that could have kept him from foreclosure.

IN Supreme Court schedules May remote arguments, including lethal injection dispute

May 1, 2020 | Marilyn Odendahl

The Indiana Department of Correction will make another attempt at keeping confidential the suppliers of the lethal drugs used in executions when it appears for oral arguments before the Indiana Supreme Court at 11 a.m. May 27. Oral arguments in this case and the others scheduled for May will be done through videoconferencing rather than held in-person.

Indiana reports surge in COVID-19 cases as testing hits high mark

May 1, 2020 | Indianapolis Business Journal Staff and IL Staff

The Indiana State Department of Health on Friday said the number of positive cases for COVID-19 in the state has risen to 18,630, following the emergence of 795 more cases. The state also reported that 99,639 people have been tested so far,  an increase of 4,641 tests.

Reversal: Court must determine whether mother can pay $11K in delinquency costs

May 1, 2020 | Katie Stancombe

A juvenile delinquent and her mother successfully appealed an order requiring that they pay more than $11,000 for secure detention costs after an appellate panel found no inquires were ever made concerning the mother’s ability to pay.

Attorney-photographer wins another infringement claim, but not willfulness

May 1, 2020 | Olivia Covington

A notorious Indiana copyright litigator has once again secured judgment in his favor on a claim that a local business unlawfully used his photo of the Indianapolis skyline, though a federal judge determined the infringement was not willful.

3M files suit over alleged scam that targeted Indiana for billions of dollars

May 1, 2020 | Indianapolis Business Journal Staff and IL Staff

In its complaint, filed Thursday in the Indianapolis division of the U.S. District Court for the Southern District of Indiana, 3M accuses Reno, Nevada-based Zenger LLC and its agent, Zachary Puznak, of contacting high-ranking Indiana officials and offering to sell them up to 100 million N95 respirators on behalf of 3M.

Former Georgetown police chief faces misconduct charge

May 1, 2020 | Associated Press

A former southern Indiana police chief has been charged with official misconduct for diverting thousands of dollars in auto tow-in fees that were not deposited with his town’s clerk-treasurer, state police said Thursday. Misdemeanor charges of conversion and failure to deposit public funds also were filed Thursday against former Georgetown Police Chief Dennis Kunkel, police said.

Indy-based NCAA faces lawsuit over violence against women at colleges

May 1, 2020 | Associated Press

The Indianapolis-based NCAA is facing a federal lawsuit accusing the organization of failing to address gender-based violence by male athletes against female students at colleges and universities.

ABA online database links attorneys to pro bono needs

April 30, 2020 | Marilyn Odendahl

The American Bar Association is unveiling a new online portal designed to better connect pro bono attorneys with individuals and families who need free legal services because of the national COVID-19 emergency.

Opinions April 30, 2020

April 30, 2020

Indiana Court of Appeals
John Crouch v. State of Indiana, Britni Saunders
19A-CT-1910
Civil tort. Affirms the dismissal of John Crouch’s complaint and demand for jury trial against the state of Indiana and Britni Saunders, the State Personnel director, in her official capacity and her individual capacity, for violations of the 14th Amendment and Indiana’s blacklisting statutes. Finds the U.S. Supreme Court has held that the term “person” does not include a state or its administrative agencies, thus defeating Crouch’s 14th Amendment claim. Also finds Crouch did not request injunctive relief or other prospective relief as to Saunders in her official capacity and that reversal is not warranted for him in regard to her individual capacity. Finally, finds reversal is not warranted on Crouch’s blacklisting claims because he makes no assertion that his “not eligible for rehire” designation was erroneous or based on false charges.

AG Hill files brief arguing states can deny Medicaid status to abortion clinics

April 30, 2020 | Katie Stancombe

Indiana Attorney General Curtis Hill is arguing in a Supreme Court amicus brief that states have the rightful authority to deny abortion clinics the status of being Medicaid providers.

Lawsuit seeks to expand voting by mail for November election

April 30, 2020 | Lindsey Erdody and Indianapolis Business Journal Staff

Not-for-profit Indiana Vote by Mail and 12 Indiana voters have filed a federal lawsuit against the Indiana Election Commission and Indiana Secretary of State Connie Lawson that seeks to give all voters the option of casting a ballot by mail in the November general election.

Former state employees lose appeal in rehire dispute

April 30, 2020 | Katie Stancombe

Former employees of the Indiana Attorney General’s Office and the Indiana Department of Child Services who were listed as ineligible for rehire after being let go did not convince the Indiana Court of Appeals that their dismissed cases against the state deserved reversal.

Reversal: Child porn possessions constituted one episode of criminal conduct

April 30, 2020 | Katie Stancombe

The Indiana Court of Appeals has partially reversed a man’s sentence for child porn possession after finding insufficient evidence that he acquired the images during multiple episodes of criminal conduct.

State reports another big rise in COVID-19 cases, 43 more deaths

April 30, 2020 | Indianapolis Business Journal Staff and IL Staff

The Indiana State Department of Health on Thursday said the number of positive cases for COVID-19 in the state has risen to 17,835, following the emergence of 653 more cases.

ACLU seeks info on COVID-19 risk in jails and prisons

April 30, 2020 | Marilyn Odendahl

Highlighting new epidemiological models that show as many as 200,000 inmates could die from COVID-19, the American Civil Liberties Union of Indiana has joined the ACLU National, the ACLU Foundation and more than 30 affiliates in filing public records requests to get information about coronavirus outbreaks in prisons and jails.

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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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