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Opinions April 3, 2020

April 3, 2020

Indiana Court of Appeals
Tony Bethel Atkins v. State of Indiana
19A-CR-00951
Criminal. Reverses and remands the Monroe Circuit Court’s grant of the state’s motion to correct error regarding the trial court’s earlier grant of Tony Atkins’ motion to suppress. Finds the trial court erred when it found that Atkins was not in custody and was not entitled to Pirtle and Miranda advisements. Finds the trial court erred by granting the State’s motion to correct error and by reversing the earlier grant of Atkins’ motion to suppress.

Man with mental disability freed, granted new trial in murder case

April 3, 2020 | Olivia Covington

A northern Indiana man who has maintained for more than a decade that law enforcement officials in Elkhart exploited his mental disability to coerce him into a false murder confession has been released from prison and granted a new trial.

Legal education adjusting to uncertain times caused by coronavirus

April 3, 2020 | Marilyn Odendahl

As potential law students are wondering whether they will be able to take the LSAT as scheduled this spring, those preparing to graduate law school are likely to be graded in their final term on a pass/fail basis.

Justices extend COVID-19 procedures, halt non-emergency warrants

April 3, 2020 | IL Staff

The Indiana Supreme Court has extended the effective date of Indiana trial court Administrative Rule 17 orders issued in response to the coronavirus pandemic, leaving them in place through May 4, according to a Friday announcement from the high court.

Disciplinary Commission offers attorneys ethical tips during COVID-19 crisis

April 3, 2020 | IL Staff

Hoosier attorneys have been offered some ethical tips from the Indiana Supreme Court Disciplinary Commission as lawyers statewide continue working remotely during the “new normal” caused by the novel coronavirus pandemic.

Reversal reinstates firearm enhancement in aggravated battery

April 3, 2020 | Katie Stancombe

An appellate panel on Friday reversed dismissal of a firearm enhancement for a man who was convicted of aggravated battery, remanding for a trial on the enhancement while also cautioning the state about “careless” oversight of criminal cases.

State leaders urge release of low-risk inmates, non-violent juveniles

April 3, 2020 | IL Staff

Leaders of all three branches of state government issued a joint letter Friday providing local communities guidance in releasing those detained in jails, correctional facilities and juvenile detention in an effort to stem the spread of coronavirus.

Reversal: COA rules for accused robber in suppression dispute

April 3, 2020 | Katie Stancombe

A man charged with armed robbery won a reversal from the Indiana Court of Appeals on Friday after the appellate panel found the trial court erred in concluding that he was not in custody when officers searched his backpack and was not entitled to be advised of his rights.

Indiana COVID-19 deaths surpass 100; prisons, 29 nursing homes affected

April 3, 2020 | IL Staff and Indianapolis Business Journal Staff

More than 100 people have died of coronavirus in Indiana, the state Department of Health reported Friday morning, a day after officials confirmed that residents at 29 Indiana nursing homes have been diagnosed with COVID-19, as had inmates at an unspecified number of correctional facilities.

Indiana shuts down schools for the rest of academic year

April 3, 2020 | Samm Quinn and Indianapolis Business Journal Staff

Indiana has closed public schools for the rest of the academic year, Indiana Superintendent of Public Instruction Jennifer McCormick announced Thursday afternoon.

Indiana AG gets dozens of price gouging complaints amid virus

April 3, 2020 | Associated Press

Indiana’s attorney general said Thursday that dozens of Hoosiers have contacted his office to complain about merchants charging exorbitant prices for toilet paper, food, cleaning products and other essential items during the coronavirus pandemic.

Fort Wayne man arrested in Illinois in disabled man’s shooting

April 3, 2020 | Associated Press

An Indiana man has been arrested in Illinois on charges alleging he shot and wounded a disabled man who had been sheltering his ex-girlfriend since a stabbing.

Opinions April 2, 2020

April 2, 2020

Indiana Court of Appeals
In the Matter of the Termination of Parental Rights of: F.F. (Minor Child), and J.F. (Mother) v. Indiana Department of Child Services (mem. dec.)
19A-JT-2423
Juvenile termination. Affirms the termination of J.F.’s parent-child relationship with her child, F.F. Finds that the Madison Circuit Court did not err by finding that there is a reasonable probability that the conditions resulting in child’s initial and continued removal from mother’s care will not be remedied.

Study: Millennial law partners share common values with older generations

April 2, 2020 | IL Staff

A study released Thursday found millennial partners at law firms are not that different in their attitudes toward work from their other colleagues, but divisions do appear across the generations between genders and racial groups.

Northern District OKs video, phone conferencing in criminal cases

April 2, 2020 | IL Staff

Some criminal proceedings in the U.S. District Court for the Northern District of Indiana, including pleas and sentencings, are now authorized to take place virtually due to the COVID-19 pandemic, the district court announced this week.

 

Allen County video explains court stay of residential evictions

April 2, 2020 | IL Staff

One Indiana court is taking steps to better inform its community about changes to eviction proceedings as a result of the novel coronavirus crisis through a personal, virtual message.

Federal courts search for medical supplies to donate in COVID-19 fight

April 2, 2020 | Katie Stancombe

Federal courts in Indiana and nationwide joined a search for surplus medical supplies that could aid local hospitals in response to the novel coronavirus pandemic after two Florida district courts discovered and donated stockpiles of urgently needed protective gear.

Indiana liquor distribution case returns to social-distanced 7th Circuit

April 2, 2020 | Marilyn Odendahl

The protracted battle between Indiana and E.F. Transit over who can transport beer, wine and liquor spilled, again, into the 7th Circuit Court of Appeals, where the judicial panel, with a majority participating remotely, heard arguments about when federal law preempts state prohibitions.

Cities may not restrict gun sales during pandemic, AG Hill says

April 2, 2020 | Dave Stafford

Indiana localities may not restrict firearms sales during the coronavirus emergency, Indiana Attorney General Curtis Hill determined in an official opinion issued Thursday. Cities and towns also may not order licensed gun dealers to close under emergency orders issued by Gov. Eric Holcomb.

Indiana COVID-19 death toll rises to 78, cases top 3,000

April 2, 2020 | IL Staff and Associated Press

Thirteen more people have died in Indiana from coronavirus-related illnesses, raising the state’s virus death toll to 78 as state health officials said Thursday that more than 3,000 Hoosiers have tested positive for COVID-19.

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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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