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Trump continues to claim broad powers he doesn’t have

May 28, 2020 | Associated Press

Threatening to shut down Twitter for flagging false content. Claiming he can “override” governors who dare to keep churches closed to congregants. Asserting the “absolute authority” to force states to reopen, even when local leaders say it’s too soon.

Minneapolis mayor: Officer who put knee on neck of man who died should be charged

May 28, 2020 | Associated Press

The mayor of Minneapolis called Wednesday for criminal charges against the white police officer seen on video kneeling on the neck of a handcuffed black man who complained that he could not breathe and died in police custody.

Opinions May 27, 2020

May 27, 2020

Indiana Court of Appeals
In Re the Supervised Estate of Dorothy M. Hall (Decedent), Doloris Tilly v. Jeff Hall and Doris Andres
19A-ES-1450
Estate. Affirms the Floyd Circuit Court’s April 26, 2019 interlocutory order in the supervised estate of Dorothy M. Hall. Finds reversal is not warranted on Doloris Tilly’s argument that her stepbrother Jeff Hall’s affidavits were improperly considered by the trial court. Also finds no abuse of its discretion in denying her request to strike Hall’s responses to her request for admissions. Lastly, finds that Ind. Code § 29-1-14-1 does not require reversal and that Hall was not required to file a separate request to set aside the March 2010 deeds or join stepsister Doris Andres’s petition.

Word substitution causes trouble, but plea agreement stands

May 27, 2020 | Marilyn Odendahl

A Fayette County man’s confusion about a state statute complicated by a prosecutor’s poor word choice drew some sympathy from the Indiana Court of Appeals but was not enough to win a reversal.

Appellate court dismisses case involving father’s DCS dispute

May 27, 2020 | Katie Stancombe

An appellate court has dismissed a case involving allegations made against a father to the Indiana Department of Child Services, finding that it doesn’t have jurisdiction over the proceedings in his case.

Hammond zoning suit over deck near property line goes back to trial court

May 27, 2020 | Dave Stafford

A zoning lawsuit over a deck that violates Hammond’s zoning ordinance by being too close to a neighbor’s side yard was reinstated by the Indiana Court of Appeals on Wednesday. The appeals court found that in dismissing the suit, judges had misapplied an affirmative defense that the landowner had not pleaded.

COA affirms trial court in siblings’ estate squabble

May 27, 2020 | Katie Stancombe

The Indiana Court of Appeals in an interlocutory appeal has affirmed for a brother in a sibling squabble over Southern Indiana real estate and property left by their mother after her death.

Appeals court slams due process violations in TPR cases: ‘This must stop’

May 27, 2020 | Dave Stafford

Indiana trial courts and the Department of Child Services continue to deprive parents of their due process rights after years of warnings, the Indiana Court of Appeals said Wednesday, reversing the termination of a mother’s parental rights when the termination hearing went on without her or her lawyer present. In doing so, appellate judges strongly restated that courts and DCS have a duty to ensure parents’ rights aren’t violated.

Seized vehicle that sparked SCOTUS civil forfeiture ruling returned to owner

May 27, 2020 | Olivia Covington

The Marion man at the center of an Indiana civil forfeiture case that went all the way to the U.S. Supreme Court reached a milestone in his case this week when his vehicle was returned to him. However, the court battle is not over.

Man loses PCR bid against criminal contempt sentences

May 27, 2020 | Olivia Covington

A man seeking post-conviction relief from a nearly two-year contempt sentence did not persuade the Indiana Court of Appeals that his counsel was ineffective, though one judge on the panel noted her vote would have been different if the case were in a different procedural posture.

Terre Haute prison inmate with COVID-19 dies; 3 more have it

May 27, 2020 | Associated Press

An inmate at the federal prison complex in Terre Haute who had COVID-19 has died, and three others there also have tested positive for the disease, the United States Bureau of Prisons said Tuesday.

Supreme Court refuses case of condemned Alabama inmate

May 27, 2020

The U.S. Supreme Court refused Tuesday to consider the appeal of an Alabama death row inmate convicted in two slayings.

Newburgh man gets 40-year sentence in toddler’s death

May 27, 2020 | Associated Press

A southwestern Indiana man has been sentenced to 40 years in prison in the neglect death of his girlfriend’s 10-month-old son.

Trump threatens social media after Twitter fact-checks him

May 27, 2020 | Associated Press

President Donald Trump on Wednesday threatened social media companies with new regulation or even shuttering a day after Twitter added fact checks to two of his tweets.

A gift in tough times: Juvenile probation departments deliver for young clients, families

May 27, 2020 | Marilyn Odendahl

Chief probation officer Christine Kerl and her team from the juvenile division of the Marion Superior Court Probation Department fanned out to Dollar Tree stores across Indianapolis earlier this spring and loaded their carts with items for families to enjoy together during these trying and tiring times.

As more creditors go to court, defaults increase

May 27, 2020 | Marilyn Odendahl

A new study from the Pew Charitable Trusts highlights a dramatic rise in debt collection lawsuits, but even as one in four cases on civil court dockets are seeking payment for past-due bills, consumers increasingly are absent from the proceedings.

Web exclusive: Judges, lawyers invest time in hobbies under stay-at-home orders

May 27, 2020 | Katie Stancombe

Extra hours away from the outside world because of stay-at-home orders offered Indiana’s judges and attorneys at least one positive thing during the coronavirus-pandemic – time. Whether spending time with family or using quiet moments of solitude to revive rusty creative skills, many legal professionals are finding the joy and peace of everyday tasks in the midst of uncertain times.

Indiana Supreme Court providing certainty in uncertain times

May 27, 2020 | Marilyn Odendahl

The July bar exam is one example of the Supreme Court’s nimbleness as it moves in a new direction to help recent law school graduates and new lawyers overcome the stress and hardship created by the pandemic. Within the span of roughly two months, the justices moved the May admission ceremony online so those who passed the February bar could begin their legal careers as soon as possible and established the graduate legal intern program to give 2020 graduates the option of getting a limited license.

113 pass Indiana Bar Exam in February

May 27, 2020 | IL Staff

Indiana Lawyer congratulates the following 113 applicants who passed the February 2020 Indiana Bar Exam, many of whom took their oath as new attorneys during a virtual admission ceremony May 5.

Stafford: Hill touts his record, so let’s look at his convictions

May 27, 2020 | Dave Stafford

Say what you will about Indiana Attorney General Curtis Hill, he is a man of convictions. But for purposes of this earned polemic, let’s set aside the wrongful convictions that are still being overturned from Hill’s years as Elkhart County prosecutor. Instead, let’s focus on his time as AG and explore Hill’s personal and political convictions.

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In This Issue

  • Federal judges have sided with employers in three recent cases brought by employees over extra fees

  • After 25 years at McKinney, Tom Wilson isn’t done teaching

  • Indiana Office of Inspector General announces felony charges against former state employees 

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

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

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

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

  • Dustin Houchin: Sorry, but it’s a law: Social intervention programs don’t work

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