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COA hears first virtual argument with minor technical hiccups

May 22, 2020 | Katie Stancombe

Although they appeared to be sitting side-by-side per usual, the three appellate judges hearing the Indiana Court of Appeals’ first-ever remote oral arguments on Thursday were certainly far apart.

Supreme Court reversal: Drug dealer didn’t knowingly waive right to appeal sentence

May 22, 2020 | Olivia Covington

A man convicted of felony drug dealing will now be able to appeal his 12-year sentence after the Indiana Supreme Court on Friday determined his appellate waiver was not knowing and voluntary.

Trump counting on Supreme Court to block probes, lawsuits

May 22, 2020 | Associated Press

President Donald Trump won at least a temporary reprieve from the Supreme Court earlier this week in keeping secret grand jury materials from the Russia investigation away from Democratic lawmakers. The president and his administration are counting on the justices for more help to stymie other investigations and lawsuits.

Police: Charlestown man torched family’s house after argument

May 22, 2020 | Associated Press

A southern Indiana man faces attempted murder and arson charges after he allegedly set fire to his family’s home while several relatives were inside, police said.

Lawsuit renews question about attorney general suspension

May 21, 2020 | Marilyn Odendahl

Four Marion County residents have filed a lawsuit in state court, challenging Indiana Attorney General Curtis Hill’s ability to remain in office after having his law license suspended beginning May 18.

State reports rise in COVID-19 cases as testing hits another high mark

May 21, 2020 | Indianapolis Business Journal Staff and IL Staff

The Indiana State Department of Health on Thursday said the number of positive cases of COVID-19 in the state has risen to 29,936, following the emergence of 662 more cases.

Opinions May 21, 2020

May 21, 2020

Indiana Court of Appeals
Melvin Hall v. Bradley Shaw, Giovanni Narducci, and Central Indiana Protection Agency, Inc.
19A-CT-2533
Civil tort. Affirms and reverses in part the Marion Superior Court’s dismissal of Melvin Hall’s lawsuit against Bradley Shaw, Giovanni Narducci and Central Indiana Protection Agency Inc. alleging defamation, abuse of process, malicious prosecution and intentional infliction of emotional distress, and the partial denial of the defendants’ motion to dismiss Hall’s lawsuit. Finds the trial court erred in denying the defendants’ motion to dismiss Hall’s defamation and abuse of process claims based on Narducci’s July 2018 consumer complaint with the Attorney General’s Office. Also finds the trial court correctly dismissed Hall’s defamation claims based on alleged events that occurred before May 22, 2016, and on Gerald Alexander and Guillerma Lolla-Martinez’s trial testimony. Finally, finds the trial court erred in dismissing Hall’s malicious prosecution claims against all defendants based on his criminal prosecution, defamation claims against all defendants based on Alexander and Lolla-Martinez’s out-of-court statements made before Hall’s criminal trial, and IIED claims against Shaw and CIPA based on Narducci’s July 2018 voicemail. Remands for further proceedings.

Southern District courthouses opening to additional selected individuals

May 21, 2020 | IL Staff

Additional individuals will now be allowed to enter federal courthouses under specific circumstances, the U.S. District Court for the Southern District of Indiana has announced.

Patachou restaurants sue insurer over COVID-19 claim denials

May 21, 2020 | Susan Orr, Indianapolis Business Journal and Indianapolis Business Journal Staff

The Patachou Inc. restaurant group has joined a growing list of companies locally and nationwide to sue its insurer over COVID-19-related claim denials.

COA partially reverses for security supervisor in police impersonation, defamation dispute

May 21, 2020 | Katie Stancombe

The Indiana Court of Appeals has partially reversed in favor of a man who claimed his former employers defamed him after he started his own company, leading to a criminal proceeding that resulted in his acquittal.

Purdue faces second student lawsuit seeking refunds due to COVID-19

May 21, 2020 | Dave Stafford

Purdue University faces a second proposed class-action lawsuit filed by a student who says he and others are owed refunds for tuition and fees paid for in-person classes and activities that transitioned to remote education when campuses closed due to the COVID-19 pandemic.

Supreme Court blocks House from Mueller grand jury material

May 21, 2020 | Associated Press

The Supreme Court on Wednesday temporarily prevented the House of Representatives from obtaining secret grand jury testimony from special counsel Robert Mueller’s Russia investigation.

Bloomington man held in death of woman found hidden in apartment

May 21, 2020 | Associated Press

A southern Indiana man faces a murder charge after police officers searching for a missing woman found her bloodied body in his apartment, hidden beneath blankets and with stab wounds.

Holcomb to activate Stage 3 of reopening plan two days early

May 20, 2020 | Indianapolis Business Journal Staff

Indiana Gov. Eric Holcomb on Wednesday said he would activate Stage 3 of his pandemic reopening plan on Friday — two days earlier than previously scheduled.

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.

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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

  • Brownsburg school district to pay $650K to settle former teacher’s religious accommodation claims

  • 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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