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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.

Marion County extending stay-at-home order to May 15—with adjustments

April 30, 2020 | Indianapolis Business Journal Staff and Samm Quinn

Marion County plans to extend its stay-at-home order until May 15, city and county officials announced Thursday morning, but the order will be adjusted to comply with new state requirements that are expected to be announced Friday.

Indiana trooper fatally shoots man during traffic stop

April 30, 2020 | Associated Press

An Indiana State Police trooper fatally shot a southern Indiana man early Wednesday during an exchange of gunfire following a traffic stop, authorities say.

Indianapolis man arrested after postal worker shot dead

April 30, 2020 | Associated Press

An Indianapolis man has been arrested in connection with the shooting death of a postal worker, authorities said Wednesday.

Web Exclusive: IndyBar Foundation crisis fund benefits lawyers, Hoosiers in financial squeeze

April 29, 2020 | Katie Stancombe

In light of the COVID-19 public health emergency, the Indianapolis Bar Foundation earlier this month implemented a new fund called the Crisis Empowerment Grant Program. The fund’s goal is two-fold: to put dollars in the pockets of lawyers who may be struggling to make ends meet while continuing to provide free legal services to central Indiana families through four local agencies.

Indiana deaths, testing reach highs in state’s daily COVID-19 report

April 29, 2020 | Indianapolis Business Journal Staff and IL Staff

The Indiana State Department of Health on Wednesday said the number of positive cases for COVID-19 in the state has risen to 17,182, following the emergence of 594 more cases. Meanwhile, new deaths and tests were the highest reported by the state in its daily update.

Opinions April 29, 2020

April 29, 2020

Indiana Court of Appeals
Clover Homes , et al. v. Timberland Home Center , et al.
19A-CC-1889
Civil collection. Reverses the Putnam Superior Court’s order granting the motion to transfer venue filed by Tracy and Robbyn Nash against Floyd Freeman and Clover Homes Inc. Finds that because the original plaintiffs filed the case in a county with preferred venue, the trial court erred by transferring the action to another county with preferred venue.

Husband who wasn’t notified of dissolution decree wins COA reversal

April 29, 2020 | Katie Stancombe

A man who was never given notice of the final dissolution decree ending his marriage secured a reversal from the Indiana Court of Appeals on Wednesday.

Towed car lawsuit crashes into emergency exception

April 29, 2020 | Marilyn Odendahl

A driver who wheeled into an empty parking lot on a Saturday afternoon in Bloomington only to return an hour later and find his ride had been towed won the sympathy of the Indiana Court of Appeals, but his argument that his car was taken in violation of state statutes failed to gain any traction.

COA: Dispatch centers can withhold 911 calls under APRA exception

April 29, 2020 | Katie Stancombe

A local news station that successfully sought recorded 911 calls from an ongoing investigation into a deadly Carroll County house fire was handed a reversal Wednesday. The Indiana Court of Appeals ruled that the dispatch center was entitled to withhold the calls as investigatory records of law enforcement agencies.

Reversal: Trial court erred by transferring preferred venue in homebuilder’s dispute

April 29, 2020 | Katie Stancombe

A custom homebuilder has secured a reversal from the Indiana Court of Appeals in a preferred venue dispute after successfully arguing that the case was wrongly transferred to another county.

Asylee not entitled to state credit for time served under federal authority, COA rules

April 29, 2020 | Olivia Covington

A would-be asylee convicted of a state sex crime was not entitled to credit for time he served in a county jail at the request of the federal government pending his state sentencing, the Indiana Court of Appeals has ruled.

State enlists private contractor to boost COVID-19 testing dramatically

April 29, 2020 | Indianapolis Business Journal Staff

The Indiana State Department of Health on Tuesday announced it has reached an agreement with a subsidiary of United Health Group to expand COVID-19 testing dramatically in Indiana.

Dozens of vehicles circle northern Indiana prison in protest

April 29, 2020 | Associated Press

Dozens of motor vehicles circled the Westville Correctional Facility on Tuesday in a protest over the treatment of inmates during a coronavirus outbreak that has reached inside the prison’s walls.

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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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