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Distracted driving legislation approved by both chambers, heads to Holcomb

March 10, 2020 | Lindsey Erdody and Indianapolis Business Journal Staff

Get ready to put your cell phones down in the car. Legislation that bans drivers from holding or using cellphones while operating a motor vehicle passed the Indiana House and Senate on Tuesday and heads to Gov. Eric Holcomb, who is expected to sign it into law.

Opinions March 10, 2020

March 10, 2020

Indiana Court of Appeals
Larry Mickow v. AAA Insurance MemberSelect Insurance Company (mem. dec.)
19A-CT-1546
Civil tort. Affirms the Lake Superior Court’s grant of summary judgment in favor of MemberSelect Insurance Company against Larry Mickow. Finds that because no factual dispute exists as to whether MemberSelect breached its duty of good faith and fair dealing, the trial court properly granted summary judgment on Mickow’s bad faith claim. Also finds it properly granted summary judgment in favor of MemberSelect on his breach of contract claim.

Housing amendment that would bar local ordinances protested at Legislature

March 10, 2020 | Marilyn Odendahl

Pushing what legislators have so far not been able to stop, housing advocates arrived at the Statehouse Monday hoping to derail an amendment that opponents say would not only further disadvantage Indiana renters but also possibly preempt cities from regulating rental properties.

Strong showing of intellectual disability prompts stay of federal execution

March 10, 2020 | Katie Stancombe

A federal judge in Indiana has granted a Louisiana man’s motion to stay his execution pending resolution of his habeas action, finding the man made a strong showing that he is intellectually disabled and as a result, the Federal Death Penalty Act forbids his execution.

Attorney accused of tax evasion suspended; 2 justices would disbar

March 10, 2020 | IL Staff

A Schererville attorney previously arraigned in federal court on charges of tax evasion and failure to pay federal income taxes has been suspended from the practice of law for three years without automatic reinstatement, the Indiana Supreme Court ordered Tuesday. Some of the justices, however, said they would disbar the attorney.

Trial date postponed for alleged gunman in judges shooting

March 10, 2020 | IL Staff

A trial that had been scheduled to begin next Monday has been continued until mid-April for the alleged gunman who plans to claim self-defense in the shooting of two southern Indiana judges last year.

RFRA ‘fix’ challenged in appellate briefs in lawsuit against city ordinances

March 10, 2020 | Olivia Covington

Three traditional-marriage organizations challenging the amendment to Indiana’s controversial Religious Freedom Restoration Act are asking the Indiana Court of Appeals for relief, asserting they have standing to sue four cities that have enacted anti-discrimination ordinances.

Big liquor chain sues Indiana for denying permit for Nora superstore

March 10, 2020 | John Russell and Indianapolis Business Journal Staff

Just days after getting turned down for a liquor permit, a huge Maryland-based liquor retailer is suing the Indiana Alcohol and Tobacco Commission, saying the denial was unconstitutional and amounted to economic protectionism.

US Supreme Court rejects ex-cop’s appeal of rape convictions

March 10, 2020 | Associated Press

The U.S. Supreme Court on Monday declined to hear an appeal for a former Oklahoma City police officer convicted of sexually assaulting black women he encountered while patrolling the city’s low-income neighborhoods.

Indiana House sees leadership change as session nears end

March 10, 2020 | Associated Press

The top leadership position in the Indiana House changed hands Monday for the first time in a decade in an unusual transition just as this year’s legislative session is about to wrap up.

Opinions March 9, 2020

March 9, 2020

7th Circuit Court of Appeals
Robert Holleman v. Dushan Zatecky
19-1326
Appeal from the United States District Court for the Southern District of Indiana, Terre Haute Division. Judge James R. Sweeney II.
Civil. Affirms the Southern District Court’s grant of summary judgment to Zatecky in response to Robert Holleman’s First Amendment lawsuit after his transfer from Pendleton Correctional Facility. Despite Holleman’s multitudinous lawsuits, grievances, and an interview he provided to a local newspaper about the conditions at Pendleton, finds his transfer was not retaliation.

Hammond forum to focus on potential Real ID problems

March 9, 2020 | IL Staff

Seeking to address potential problems that could arise when Real ID laws take effect Oct. 1, a Lake County judge and attorney will participate in a presentation this week aiming to resolve some of the issues lawyers and judges are seeing in court.

Man’s 6-year sentence affirmed in fatal teen car wreck case

March 9, 2020 | Katie Stancombe

While hanging out one evening at a playground in 2017, five Indianapolis teenagers got into an argument with two women nearby who were searching for a drone owned by Daniel Cannon. When asked if they wanted to fight, the teens got back into their vehicle, drove toward the women as if to hit them, and then moved on to the street.

Panel favors retention of all 13 Marion Superior judges

March 9, 2020 | Olivia Covington

The Marion County Judicial Selection Committee has unanimously voted to recommend retention of all 13 Marion Superior judges whose names will be on the ballot in November.

COA dismisses man’s appeal in adoption dispute

March 9, 2020 | Katie Stancombe

A man seeking to adopt his ex-wife’s child had his case dismissed by the Indiana Court of Appeals on Monday after it found no indication that he sought certification from the trial court or permission from the appellate court to file a discretionary interlocutory appeal, among other things.

Foreclosure ruling for homeowner reversed after ‘near-blanket exclusion’ of evidence

March 9, 2020 | Dave Stafford

A Lake Superior judge who threw out a bank’s mortgage foreclosure lawsuit against a homeowner and entered judgment in her favor was reversed by the Indiana Court of Appeals, which found the court abused its discretion in ordering a “near-blanket exclusion” of the bank’s evidence.

7th Circuit: Litigious inmate’s transfer not retaliation

March 9, 2020 | Katie Stancombe

An inmate serving a life sentence who is known for being a “quintessential jailhouse lawyer” did not prevail in an appeal to the 7th Circuit Court of Appeals on Friday after the court found his transfer to another prison prompted by his multiple and continued grievances was not a move of retaliation.

Millionaire tax cheat’s bid to reconsider restitution rejected

March 9, 2020 | Dave Stafford

A former accountant and entrepreneur who failed to claim millions of dollars in income on his tax returns and falsely claimed poverty to get his children scholarships from prestigious schools got no relief on required restitution in a federal appeal, even though some of the parties to whom restitution was ordered have said they don’t want the man’s money.

Justices split on denial of transfer to med-mal wrongful death case

March 9, 2020 | IL Staff

The Indiana Supreme Court has split in the denial of transfer in a case involving a fatal altercation between a psychiatric patient and a caregiver, with two justices dissenting from the holding that ensuing wrongful-death litigation should be brought under the Medical Malpractice Act.

 

Howard County sheriff fires six jail officers for misconduct

March 9, 2020 | Associated Press

Six jail officers in Kokomo have been fired for misconduct dating back to early December, officials said.

 

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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

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

  • Marion County judge blocks state’s near-total abortion ban in religious freedom case

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