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Opinions Feb. 25, 2021

February 25, 2021

Indiana Court of Appeals
Carl Z. Swallow v. State of Indiana (mem. dec.)
20A-CR-1825
Criminal. Affirms the revocation of Carl Z. Swallow’s probation and the order for him to serve the entirety of his suspended two-year sentence in the Indiana Department of Correction. Finds the Delaware Circuit Court’s sanction was not an abuse of discretion. Also finds Johnson v. State, 62 N.E.3d 1224, 1229 (Ind. Ct. App. 2016), does not compel a different result in this case.

Suspension lifted for Indianapolis lawyer facing 2 complaints

February 25, 2021 | IL Staff

An Indianapolis lawyer who earlier this month was suspended in two separate cases has been restored to good standing in the Indiana bar.

Restaurant, bar capacity limits in Marion County to increase March 1

February 25, 2021 | Mickey Shuey, Indianapolis Business Journal

More people will be allowed into Marion County restaurants, bars and gyms starting March 1, Indianapolis Mayor Joe Hogsett announced Thursday morning, citing improving local COVID-19 pandemic conditions.

Henry County Jail escapee remains at large; second man captured

February 25, 2021 | Associated Press

One of two inmates who escaped from an eastern Indiana jail remained at large Thursday morning, authorities said.

Man gets 60 years for killing ex-girlfriend’s new boyfriend

February 25, 2021 | Associated Press

A Lafayette man who pleaded guilty to killing a man who was dating his ex-girlfriend has been sentenced to 60 years in prison in the gruesome 2019 slaying.

Indiana woman admits spending $86K in public funds on self

February 25, 2021 | Associated Press

A Jay County woman has pleaded guilty to diverting more than $86,000 in public funds and spending it on personal indulgences during her time as a township trustee.

GOP rallies solidly against Democrats’ virus relief package

February 25, 2021 | Associated Press

Republicans rallied solidly against Democrats’ proposed $1.9 trillion COVID-19 relief bill as lawmakers awaited a decision by the Senate’s parliamentarian that could bolster or potentially kill a pivotal provision hiking the federal minimum wage.

Biden revokes Trump orders on ‘anarchist’ cities, federal architecture

February 25, 2021 | Associated Press

President Joe Biden on Wednesday revoked a series of presidential orders and memoranda signed by Donald Trump, including one that sought to cut funding from several cities the 45th president deemed “anarchist” havens and another mandating that federal buildings should be designed in a classical aesthetic.

House poised to vote on legal safeguards for LGBTQ people

February 25, 2021 | Associated Press

The Democratic-led House is poised to pass a bill that would enshrine LGBTQ protections in the nation’s labor and civil rights laws, a top priority of President Joe Biden, though the legislation faces an uphill battle in the Senate.

Opinions Feb. 24, 2021

February 24, 2021

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Tuesday:
Jennifer L. Karr v. Andrew M. Saul, Commissioner of Social Security
20-1939
Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Judge Philip P. Simon.
Civil. Affirms the district court’s decision upholding an administrative law judge’s determination that Jennifer Karr was not disabled because she still could perform sedentary work with some restrictions. Finds the ALJ’s decision was supported by substantial evidence.

Denial of disability benefits upheld at 7th Circuit

February 24, 2021 | Olivia Covington

Despite one doctor’s opinion that she was disabled, a woman who was denied disability benefits failed to win her case at the 7th Circuit Court of Appeals.

Juvenile justice reform bill heads to House with bipartisan support

February 24, 2021 | Marilyn Odendahl

The Indiana Senate passed a bill Wednesday that could save the state nearly $1 million in federal funding by prohibiting juveniles charged with crimes from being held in adult jails.

Parents’ gender-marker change requests for transgender kids splits COA

February 24, 2021 | Olivia Covington

Two Indiana trial courts must reconsider parents’ requests to change their children’s birth certificate gender markers, a majority of the Indiana Court of Appeals ruled Wednesday, finding parents have statutory authority to request the changes for their minor transgender children. A dissenting judge, however, opined that Wednesday’s decision was a judicial overreach into legislative powers.

Senate OKs bill to limit governor’s emergency orders to 60 days

February 24, 2021 | Lindsey Erdody, Indianapolis Business Journal

The Indiana Senate on Tuesday passed a bill that would put a 60-day limit on emergency orders issued by the governor unless the Legislature weighs in. The proposal is substantially different from a bill restricting the governor’s emergency powers that previously passed the House.

Indiana Senate passes police use-of-force bill

February 24, 2021 | Associated Press

Indiana senators advanced a measure Tuesday that would allow police to determine what use of force is reasonable in some cases. The bill is now headed to the House.

Evansville nurse, husband charged in connection with Capitol riot

February 24, 2021 | Associated Press

An Evansville nurse and her husband who were accused of participating in the Jan. 6 U.S. Capitol riot were arrested Tuesday, the FBI said.

 

Indianapolis police shoot, critically wound person

February 24, 2021 | Associated Press

An unidentified man was hospitalized in critical condition Tuesday after exchanging gunfire with Indianapolis police on the city’s east side.

Judge bans enforcement of Biden’s 100-day deportation pause

February 24, 2021 | Associated Press

A federal judge late Tuesday indefinitely banned President Joe Biden’s administration from enforcing a 100-day moratorium on most deportations. Texas argued the moratorium violated federal law and risked imposing additional costs on the state.

Capitol defenders cite missed intelligence for deadly breach

February 24, 2021 | Associated Press

Missed intelligence was to blame for the outmanned Capitol defenders’ failure to anticipate the violent mob that invaded the iconic building and halted certification of the presidential election on Jan. 6, the officials who were in charge of security that day said in their first public testimony on the insurrection.

Bill challenging ‘noncompliant’ prosecutors clears Indiana Senate

February 23, 2021 | Olivia Covington

A controversial bill that would allow the Indiana attorney general to request a special prosecutor if elected prosecutors become “noncompliant” passed the Indiana Senate on Tuesday. Senate Bill 200 is now headed to the Indiana House for further consideration.

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In This Issue

  • Carmel CEO introduces new AI-driven app to support family law cases

  • Attorneys say commercial courts offer predictability

  • Seventh Circuit Court affirms lower court’s denial of preliminary injunction for press access to state executions 

Most Read
  • COA upholds murder convictions, 100-year sentence for teen convicted in siblings’ suffocation deaths

  • Former Pacers player says Zionsville councilor exploited his elderly grandmother

  • Judge spares Baer death penalty, resentences killer to life in prison

  • Investigation finds pattern of sexual abuse by former Notre Dame rector

  • Attorney General seeks dissolution of Noblesville charity, says it mishandled assets

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