Federal judge declines to enjoin law prohibiting ‘human sexuality’ instruction in K-3
A federal judge has declined to issue an injunction against a new Indiana law that prohibits instruction on human sexuality in grades K-3.
Daniel Carson
Articles
Medical resident qualifies as expert, COA affirms in upholding involuntary commitment
A hospital psychiatry resident had enough training, experience and interactions with a mentally ill woman to be considered an expert when she testified at the woman’s commitment hearing, the Court of Appeals of Indiana affirmed Tuesday.
COA affirms, but clarifies, judgment for Monroe Co. property owners in easement rights case
Property owners of two parcels comprising 237 acres near Lake Monroe can use an easement to access the parcels as long as they do not intensify it, the Court of Appeals of Indiana ruled Monday.
Amish men who told woman to rescind protective order against husband lose appeal of intimidation convictions
The convictions of three men in an Amish community on misdemeanor intimidation charges were not barred by the church autonomy doctrine and were supported by sufficient evidence, the Court of Appeals of Indiana affirmed Thursday.
COA affirms 5 child molesting felonies but splits in reversing 102-year sentence
A man’s convictions on five felony counts of child molesting will stand, the Court of Appeals of Indiana affirmed Thursday, but the court reversed a 102-year sentence and remanded for resentencing.
Elkhart attorney resigns following client complaints of misconduct
An Elkhart attorney has resigned from the Indiana bar following multiple misconduct allegations that included failure to file bankruptcy paperwork on behalf of clients, failure to refund attorney and filing fees, and unresponsiveness.
COA reverses dismissal of workers’ comp claim adjustment, finding application was timely
The Worker’s Compensation Board of Indiana erred when it dismissed a Franciscan Health employee’s claim as untimely, the Court of Appeals of Indiana ruled Monday in reversing and remanding the board’s order.
7th Circuit affirms release condition for convicted sex offender that failed to register
The 7th Circuit Court of Appeals affirmed Thursday a district court’s ruling to impose a supervised release condition on a convicted rapist that failed to register as a sex offender in Indiana.
COA dismisses company’s appeal in default judgment case, finding it wasn’t a party of record
A debt purchasing company was not substituted as the party of record or determined to be the plaintiff that owned a default judgment of $1,010 against an Ohio resident, the Court of Appeals of Indiana ruled Thursday in dismissing the appeal.
Family of pregnant woman killed by speeding officer loses 7th Circuit appeal
A district court correctly dismissed a complaint alleging an Indianapolis police officer violated a woman’s 14th Amendment rights when he struck and killed her while driving to work, the 7th Circuit Court of Appeals affirmed Tuesday.
Costs often vary for divorce cases: Some file pro se, others seek legal aid or private attorneys
There’s an emotional cost that comes with a divorce, but the process also involves dollars and cents.
Law schools rethinking how race will factor in admissions
It’s only been a few weeks since the U.S. Supreme Court struck down affirmative action in college admissions, forcing universities and law schools to rethink how they can recruit and maintain diverse student bodies.
Attorneys hard to find for prosecutor, public defender openings: Shortage of public attorneys leaves offices scrambling to manage caseloads
At the Elkhart County Prosecutor’s Office, full workforce capacity would consist of a staff of 29 deputy prosecutors, a chief deputy prosecutor and Vicki Becker, the county’s prosecuting attorney. Becker said her office currently has 18 attorneys.
COA reverses, remands denial of summary judgment for bank in Martin Co. foreclosure dispute
A bank’s motion for summary judgment in a foreclosure action involving a Martin County property was erroneously denied, the Court of Appeals of Indiana ruled in a Tuesday reversal.
Jury instruction, exclusion of evidence of alleged racial animus were proper in attempted murder shooting case, COA affirms
A trial court didn’t err or violate a defendant’s Sixth Amendment rights in an attempted murder case when it denied his objection to a jury instruction and his request to cross-examine two people that allegedly used a racial slur in reference to him.
ACLU files brief urging federal court to throw out law banning human sexuality instruction in K-3 classrooms
On behalf of an Indianapolis school teacher, the American Civil Liberties of Indiana is continuing in efforts to obtain an injunction against a new state law that prohibits instruction on human sexuality in grades K-3.
AG’s office sues Willow Brook Apartments’ owner, property manager over unresponsiveness to tenants’ poor living conditions
An owner and property manager’s alleged neglect in maintaining an Indianapolis apartment complex comprised mostly of residents who are elderly, disabled or on fixed incomes has spurred the Indiana Attorney General’s Office to file a lawsuit.
Jasper Co. farms entitled to damages, but amount must be recalculated, COA rules
A trial court ruled correctly that three Jasper County farms could recover damages from a seed company under promissory estoppel, but the court improperly calculated those damages, the Court of Appeals of Indiana ruled Wednesday.
7th Circuit affirms convictions, sentencing for Indianapolis meth traffickers
A trio of men linked to an Indianapolis drug trafficking ring failed to sway the 7th Circuit Court of Appeals, as the appellate court affirmed Monday a lower court’s convictions and sentencing on methamphetamine distribution-related charges.
7th Circuit splits in upholding denial of habeas relief after revocation of 5,700 days of good time credit
A split 7th Circuit Court of Appeals affirmed the denial of a prisoner’s habeas petition after 5,700 days of accrued good time credit were revoked and his prison release date was extended by more than 15 years following his assault of a correctional officer.