DTCI: Finding positives: Togetherness in social distancing
Defense Trial Counsel of Indiana member Megan Culp reflects on the positive things I’ve experienced during the COVID-19 crisis to give others a small distraction from the negatives.
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‘We don’t have a king’: Backlash at Trump’s authority claims
Invoking the movie “Mutiny on the Bounty,” President Donald Trump suggested Tuesday that objections by governors to his claim of absolute authority over when to lift guidelines aimed at fighting the coronavirus were tantamount to insurrection.
ACLU not planning suit to block fetal remains bill
Indiana’s new fetal remains law, which provides for burial or cremation following an abortion, will likely not face a legal challenged in contrast to a similar provision in a 2016 state law that was ultimately upheld by the U.S. Supreme Court.
Opinions April 14, 2020
Indiana Court of Appeals
Miami County and Miami County Board of Commissioners v. Indiana Department of Natural Resources, and Walter B. Woodhams and Dorothy Woodhams, et al.
19A-MI-2099
Miscellaneous. Reverses the Marion Superior Court ruling that Miami County was an owner of dams in the Hidden Hills addition in Miami County and therefore was responsible for taking action to repair them as ordered by the Indiana Department of Natural Resources. Finds that because the county had only an easement interest in the roadways that crossed the dams, it was not an owner of them and therefore was not responsible for repairing them. Remands.
COA affirms murder conviction over challenged letter
The Indiana Court of Appeals on Tuesday rejected a South Bend murderer’s claim that a letter he purportedly sent from the St. Joseph County Jail implicating another man in the shooting death was wrongly admitted at his trial because it was not properly authenticated.
Reversal: Landowners, not county, responsible for fixing failing dams near Peru
Reversing a trial court that determined Miami County was responsible for fixing six crumbling dams in a lake community housing addition, the Indiana Court of Appeals found the county was responsible only for the roads that crossed the tops of the embankments.
State reports 291 more COVID-19 cases, 37 more deaths
The Indiana State Department of Health on Tuesday said the number of presumptive positive cases for COVID-19 in the state has risen to 8,527 after the emergence of 291 more cases. The figure marks the fourth consecutive daily increase in new cases.
Advocates warn stimulus checks could be garnished by creditors
While the federal government won’t seize stimulus checks being deposited into Americans’ bank accounts this week for owed debts, private debt collectors might, consumer advocates are warning.
Indiana gets $19.5M settlement over Equifax data breach
Indiana has secured a $19.5 million settlement from Equifax over a 2017 data breach that exposed the Social Security numbers and other private information of nearly 150 million people.
Indiana Democratic Convention to be held virtually
The Indiana Democratic Party has decided to hold its 2020 convention virtually instead of as an in-person event, officials announced Tuesday morning.
Texas clinics ask Supreme Court to allow certain abortions
| Associated Press and IL Staff
Abortion clinics in Texas have asked the Supreme Court to step in to allow certain abortions to continue during the coronavirus pandemic. The clinics filed an emergency motion on Saturday asking the justices to overturn a lower-court order and allow abortions when they can be performed using medication.
Opinions April 13, 2020
Indiana Court of Appeals
Mike Dow and Midwest Logging and Veneer v. John Hurst and Linda Hurst
19A-PL-1709
Civil plenary. Affirms summary judgment and damages of $80,826 awarded to John and Linda Hurst in their complaint alleging trespass and conversion against Mike Dow, doing business as Midwest Logging and Veneer. The Morgan Superior Court did not err in concluding that Dow was liable for the actions of independent contractors, in its award of damages or in admitting alleged hearsay evidence.
Indianapolis police squad car fatally strikes pedestrian
An Indianapolis police officer who struck and killed a pedestrian with his squad car while on duty is a 19-year department veteran, police said Monday.
Appeals court affirms $80K damages ruling in logging trespass
A logging company that allegedly fell more than three dozen hardwood trees on a Morgan County property whose owner had warned the contractor to stay off his land was rightly awarded more than $80,000 in damages, the Indiana Court of Appeals ruled.
Challenged blood draw in fatal impaired driving crash upheld
A defendant was unable to convince the Indiana Court of Appeals the state was improperly allowed a “do-over” by being able to offer as evidence at trial an analysis of his blood that showed the presence of controlled substances.
Injured wood trimmer operator loses appeal against manufacturer
A Southern Indiana machinery worker’s failure to follow warnings and instructions on a woodcutting machine he was using were the cause of injuries he sustained on the job, the Indiana Court of Appeals concluded on Monday. As such, the machinery’s manufacturer couldn’t have reasonably expected the accident.
New Indiana COVID-19 cases decline for third straight day
New reported cases of coronavirus declined for the third consecutive day Monday – the first such trend line since the state began tracking cases in late February. The latest figured reinforced projections that the state may have reached the peak of COVID-19 cases and deaths.
Police: Person exchanged gunfire with officers, found dead
A suspect who exchanged gunfire with officers in far western Indiana was found dead after officers entered a wooded area in an armored vehicle, state police said Saturday.
Nursing home deaths soar past 3,600 in alarming surge
More than 3,600 deaths nationwide have been linked to coronavirus outbreaks in nursing homes and long-term care facilities, an alarming rise in just the past two weeks, according to the latest count by The Associated Press.
African Americans account for 9.8% of Indiana population, but 19.2% of all COVID-19 deaths so far
Nearly one out of five deaths in Indiana so far from COVID-19 have been African American patients, which is nearly double the percentage of African-Americans who live in Indiana, the health department said Friday.