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Opinions April 20, 2020

April 20, 2020

Indiana Court of Appeals
Kurtis L. Shorter v. State of Indiana
18A-CR-02957
Criminal. Affirms Kurtis Shorter’s aggregate 30-year sentence for conviction of Level 4 felony unlawful possession of a handgun by a serious violent felon, Class A misdemeanor possession of a synthetic drug, Class B misdemeanor possession of marijuana and his habitual offender adjudication. Finds the Elkhart Superior Court did not abuse its discretion in admitting the challenged evidence at trial. Finds the evidence is sufficient to sustain Shorter’s convictions and that the trial court did not err in denying Shorter’s motion to dismiss the habitual-offender enhancement.

Law students can counter isolation through virtual JLAP group meetings

April 20, 2020 | IL Staff

Hoosier law students shuttered indoors amidst calls to stay at home in order to prevent the spread of COVID-19 can still find comfort and support through weekly virtual meetings hosted by the Judges and Lawyers Assistance Program.

State reports 476 more COVID-19 cases, 7 more deaths

April 20, 2020 | IL and IBJ Staff

The Indiana State Department of Health on Monday said the number of positive cases for COVID-19 in the state has risen to 11,686, following the emergence of 476 more cases.

Schererville man charged in death of girlfriend’s son, 5

April 20, 2020 | Associated Press

A northwestern Indiana man has been charged with murder in the death of his girlfriend’s 5-year-old son, whose bruised body had fresh bite marks.

Trump, Congress near deal on small business, hospital aid 

April 20, 2020 | Associated Press

The Trump administration and Congress are trudging toward an agreement on an aid package of more than $450 billion to boost a small-business loan program that has run out of money and add funds for hospitals and COVID-19 testing.

Justices grant transfer for reconsideration in second PCR petition case

April 20, 2020 | IL Staff

Indiana Supreme Court justices have reversed for reconsideration a case involving a child molester’s petition for post-conviction relief after he asserted that his second PCR petition only raised issues that emerged after his habitual offender conviction was reversed and remanded for a new trial.

Conviction upheld in Elkhart synthetic drug case

April 20, 2020 | Katie Stancombe

A northern Indiana man arrested during a traffic stop could not convince the Indiana Court of Appeals on Monday that there was insufficient evidence to support his handgun- and drug-related convictions.

High court declines to hear Nebraska, Missouri death cases

April 20, 2020 | Associated Press

The Supreme Court is passing for now on deciding whether juries must find all facts necessary to impose a death sentence or whether judges can play a role, an issue Nebraska and Missouri death row inmates had asked the court to take up.

Justices rule against Montana homeowners near Superfund site

April 20, 2020 | Associated Press

The United States Supreme Court delivered a setback Monday to Montana homeowners who are seeking additional cleanup of arsenic left over from years of copper smelting.

Lacking US coordination, states including Indiana team up on when to reopen

April 20, 2020

President Donald Trump, in a roller-coaster week of reversals and contradictions, told governors to “call your own shots” on lifting stay-at-home orders once the coronavirus threat subsides. But then he took to Twitter to push some to reopen their economies quickly and tell them it was their job to ramp up testing.

Protesters gather at governor’s mansion

April 20, 2020 | Associated Press and IL Staff

More than 200 people upset over restrictions on Indiana residents because of the coronavirus protested Saturday outside the state mansion of Gov. Eric Holcomb, urging him to back off and restart the economy.

Holcomb to extend stay-at-home order until May 1

April 17, 2020 | Indianapolis Business Journal Staff

Indiana Gov. Eric Holcomb on Friday said he planned to extend the state’s stay-at-home order until May 1. The order, first issued March 23, had been set to expire Monday.

Opinions April 17, 2020

April 17, 2020

The following 7th Circuit Court of Appeals opinion was posted after IL deadline on Thursday.
Davin Hackett v. City of South Bend
19-2574
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Robert L. Miller, Jr.
Civil. Affirms the Northern District Court’s grant of summary judgment for the City of South Bend against former police officer Davin Hackett. Finds that on appeal, Hackett relies on an entirely new hostile environment theory but that the argument was forfeited. Also finds Hackett fails to confront the grounds for the district court’s decision.

7th Circuit: Hostile work environment claim forfeited in military discrimination case 

April 17, 2020 | Katie Stancombe

A former South Bend police officer who sued the city alleging unlawful discrimination based on his military status did not sway a 7th Circuit Court of Appeals panel on Friday that affirmed a ruling against him.

Man’s conviction upheld in gang-related murder

April 17, 2020 | Katie Stancombe

An East Chicago man could not convince the Indiana Court of Appeals on Friday that he shouldn’t be found guilty of murder for his involvement in a gang-related killing.

Indiana COVID-19 cases top 10,000 as daily case toll sets record

April 17, 2020 | Indianapolis Business Journal Staff and IL Staff

The Indiana State Department of Health on Friday said the number of presumptive positive cases for COVID-19 in the state has risen to 10,154, following the emergence of 612 more cases.

Good time credit restored after inmate wins habeas petition

April 17, 2020 | Marilyn Odendahl

In noting the state did not provide any evidence to support its arguments, the Southern Indiana District Court restored an inmate’s earned credit time which he had lost for refusing to participate in a sex offender program.

Indiana primary will have in-person voting, but officials encourage mail-in ballots

April 17, 2020 | Lindsey Erdody and Indianapolis Business Journal Staff

Indiana voters will still have an opportunity to cast a ballot in person for the June 2 primary election, state officials announced Thursday while expanding and encouraging mail-in voting.

Valparaiso University lays off 200, cuts pay of others over virus

April 17, 2020 | Associated Press and IL Staff

Valparaiso University has laid off 200 employees and has cut the salaries of others to save money during the coronavirus pandemic, the school announced. The northwestern Indiana institution previously announced that its law school will cease operations at the end of this semester after more than 140 years.

COVID-19 to unleash torrent of lawsuits against insurers

April 17, 2020 | Susan Orr, Indianapolis Business Journal and Indianapolis Business Journal Staff

Businesses and not-for-profits in Indiana and across the country have begun suing their insurers in coronavirus-related claims disputes—and attorneys predict a flood of additional cases will follow.

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In This Issue

  • What’s next for companies after tariff ruling?

  • Attorneys across Indianapolis go toe-to-toe on basketball court

  • Marion County judicial selection committee finds judge ‘not suitable’ for retention

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

  • 13 attorneys general sue Evansville-based OneMain over hidden loan add-ons

  • Marion County judicial selection committee finds judge ‘not suitable’ for retention

  • Indiana’s controversial immigration bill is now law — and it may be used against IPS

  • Indy woman to pay $1M in restitution after using boss’ accounts to pay personal expenses

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