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