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Indiana community battling shoreline erosion files lawsuit

March 9, 2020 | Associated Press and IL Staff

An Indiana community along Lake Michigan has filed a federal lawsuit over its battle with shoreline erosion, saying the town’s infrastructure is in danger of “total destruction.” The suit comes as homeowners and communities along the lakeshore deal with record high water levels in the Great Lakes.

 

US attorney reviewing polling places for ADA compliance

March 9, 2020 | Associated Press

U.S. Attorney Josh Minkler said his office is reviewing all polling places in the Southern District of Indiana to see if they comply with the Americans with Disabilities Act.

Judge rebukes Barr’s handling of Mueller report, orders unredacted copy

March 6, 2020 | Associated Press

A federal judge on Thursday sharply rebuked Attorney General William Barr’s handling of the special counsel’s Russia report, saying Barr had made “misleading public statements” to spin the investigation’s findings in favor of President Donald Trump and had shown a “lack of candor.”

Indiana has 1st illness linked to coronavirus outbreak

March 6, 2020 | Associated Press

Indiana health officials have confirmed the first illness in the state from the coronavirus outbreak. State Health Commissioner Dr. Kris Box said Friday the ill man was in stable condition in self isolation after going to an Indianapolis hospital late Thursday with symptoms.

Opinions March 6, 2020

March 6, 2020

Indiana Court of Appeals
Aaron B. Hoskins v. State of Indiana
19A-CR-2387
Criminal. Dismisses Aaron Hoskins’ appeal of his Level 6 felony conviction for unlawful possession of a syringe and the revocation of his probation. Finds Hoskins’ claim cannot be presented on direct appeal and must instead be presented in a petition for post-conviction relief because he pleaded guilty.

Ex-South Bend officer justified in black man’s killing

March 6, 2020 | Associated Press

A special prosecutor announced Friday that a white former South Bend police officer was justified in the fatal shooting of an African American man last summer and that he won’t be charged in the killing that roiled then-Mayor Pete Buttigieg’s presidential campaign.

COA reverses contempt finding against vet for nonpayment in divorce dispute

March 6, 2020 | Marilyn Odendahl

The goal of harmonizing provisions between conflicting provisions in a divorce settlement led the Indiana Court of Appeals to find a military veteran should not have been held in contempt for discontinuing monetary support to his former wife.

ADA compliance review at polling places underway in Southern District

March 6, 2020 | IL Staff

Polling places in the Southern District of Indiana are now being reviewed for compliance with the Americans with Disabilities Act, U.S. Attorney Josh Minkler announced Thursday.

COA: Probation revocation after guilty plea should be challenged with PCR, not direct appeal

March 6, 2020 | Katie Stancombe

The Indiana Court of Appeals has dismissed a man’s appeal of his probation revocation and related drug conviction, finding his claim could not be presented on direct appeal but must be presented in a petition for post-conviction relief because he pleaded guilty.

Mineral-rich property transfers void in siblings’ trust dispute

March 6, 2020 | Katie Stancombe

A dispute between step-siblings over profitable real estate did not result in the brother’s favor Friday, when the Indiana Court of Appeals found a trial court did not clearly err in declaring transfers of the property to him as void ab initio.

Justices certify, recertify senior judges

March 6, 2020 | IL Staff

The Indiana Supreme Court has certified and recertified several senior judges for 2020 and 2021.

Schumer: I ‘should not have used’ critical words on justices

March 6, 2020 | Associated Press

Senate Democratic leader Chuck Schumer said Thursday he “should not have used the words I used” when he declared at a rally in front of the Supreme Court that two justices would “pay the price” for their decision in an abortion case.

Hammond man convicted in 2018 sledgehammer attack gets new attorney

March 6, 2020 | Associated Press

A northwestern Indiana judge has approved a new attorney for a man who wants to seek a mistrial after being convicted in a sledgehammer attack that wounded another man outside of a school.

Indiana man gets 15 years in Evansville pursuit crash that killed 3

March 6, 2020 | Associated Press

An Indiana man has been sentenced to 15 years in prison after admitting he “messed up” in a 2017 Evansville police chase crash that killed two children and a man and seriously injured the children’s pregnant mother. Frederick McFarland, 29, was sentenced Wednesday after pleading guilty in November to four counts of resisting law enforcement.

Indiana governor backs path for forcing out attorney general

March 6, 2020 | Associated Press and IL Staff

Indiana’s governor is endorsing a proposal that could force the state’s attorney general from office if his law license is suspended over allegations he drunkenly groped a state legislator and three other women.

Hundreds of volunteers celebrate strides made in child advocacy at CASA Day

March 5, 2020 | Katie Stancombe

Hundreds of CASA volunteers formed a wave of blue at the Indiana Statehouse on Wednesday in celebration of the 30th anniversary of the Indiana State Office of GAL/CASA.

2023 Leadership in Law

Join us for Indiana Lawyer’s Leadership in Law event! Indiana Lawyer annually honors members of the legal community who have shown a commitment to their profession and the clients and communities they serve with Leadership in Law Distinguished Barrister and Up and Coming Lawyer Awards. Sponsored By: Underwriting Sponsor: Indiana Lawyer’s Lifetime Achievement Award Recipient: […]

Opinions March 5, 2020

March 5, 2020

Indiana Court of Appeals
Madison County Board of Commissioners, Madison County Clerk, Madison County Auditor, and Madison County Election Board v. Kevin M. Sipe and Wesley T. Likens
20A-PL-51
Civil plenary. Reverses the Madison Circuit Court’s entry of a preliminary injunction requested by Kevin Sipe and Wesley Likens, who sought to enjoin the enforcement of a redistricting ordinance enacted by the Madison County Board of Commissioners before the 2020 elections. Finds the ordinance does not run afoul of the redistricting statute. Also finds Sipe and Likens cannot prevail on the merits of their case. Finally, finds the trial court erred in granting the preliminary injunction. Remands for proceedings consistent with the opinion.

7th Circuit reinstates prisoner case after 3 denied requests for counsel

March 5, 2020 | Katie Stancombe

A prisoner’s case has been reinstated after the 7th Circuit Court of Appeals found the Indiana Northern District Court’s denial of his three requests for appointed counsel prejudiced him.

COA reverses for Madison County commissioners in redistricting ordinance dispute

March 5, 2020 | Katie Stancombe

A redistricting dispute initially resolved in favor of two citizens has been reversed in favor of the local Madison County government after the Indiana Court of Appeals found that an ordinance meant to more evenly distribute the population did not run afoul of the controlling redistricting statute. The ruling comes as Indiana prepares for the 2020 election season.

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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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