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Opinions Feb. 18, 2019
Indiana Court of Appeals
In the Matter of the Parent-Child Relationship of Ma.H., Le.H., Lo.H., W.H., La.H., Me.H., and S.W. (Children) and M.H. (Father) and R.H. (Mother); et al. v. The Indiana Department of Child Services
18A-JT-1296
Juvenile termination of parental rights. Reverses and remands the Wells Circuit Court’s termination of M.H. and R.H.’s parental rights to their seven children. Finds the trial court’s requirement that M.H. admit to sexually abusing stepdaughter R.W. as part of sex offender treatment violated his Fifth Amendment rights. Remands for reinstatement of the CHINS cases, a re-examination of the requirements for reunification and a revised dispositional order outlining the services consistent with the holdings in the opinion that M.H. and R.H. must complete to reunify with the children. Judge Margret Robb dissents with separate opinion.
Father’s assertion of Fifth Amendment rights splits COA
Even though the Indiana Court of Appeals had previously affirmed that the youngsters in this case were children in need of services, in part because of allegations of a father’s sexual abuse, it has reversed the termination of parental rights because the requirement that the father participate in a sex offender treatment program violated his Fifth Amendment right against self-incrimination.
Justices consider timeliness of breach of contract complaint
A timeliness dispute between a dump truck manufacturer and one of its customers focusing on when causes of action accrued in the case went before the Indiana Supreme Court for oral arguments late last week.
Indiana Senate committee moves bias crimes bill forward
After more than three hours of testimony and discussion on Monday morning, the Senate Public Policy Committee voted to send a bias crimes bill to the full Senate for consideration. Senate Bill 12 would give judges the ability to consider whether a crime was committed out of hate or bias toward specific groups of individuals as an aggravating circumstance at sentencing.
Court of Appeals to hear appeals in Grant, Knox counties this week
The Indiana Court of Appeals will travel to the northern and southern parts of the state this week to hear oral arguments in two cases, one involving murder and the other involving drug possession.
Lawyer reprimanded for unknowingly representing co-defendants in separate cases
The Indiana Supreme Court has publicly reprimanded a Terre Haute attorney who failed to realize he had agreed to separately represent two co-defendants, leading to his representation of both defendants in a matter in which one defendant wanted to testify against the other.
Indiana Senate panel backs hate crimes bill
A proposed Indiana hate crimes law has been endorsed by a state legislative committee. The Senate Public Policy Committee voted 9-1 on Monday to advance the bill to the full Senate after hearing nearly three hours of public testimony from opponents and supporters of the legislation.
COA rejects hearsay exception argument, upholds murder conviction
The Indiana Court of Appeals affirmed a man’s murder conviction and 65-year sentence after finding the defendant failed to show how out-of-court statements allegedly made by several individuals qualified as an exception to the hearsay rule.
Trump emergency declaration faces fights in the courts
President Donald Trump declared a national emergency along the southern border and predicted his administration would end up defending it all the way to the Supreme Court. That might have been the only thing Trump said Friday that produced near-universal agreement.
Justices to decide if 2020 census can ask about citizenship
The Supreme Court will decide whether the 2020 census can include a question about citizenship that could affect the allocation of seats in the House of Representatives and the distribution of billions of dollars in federal money. The justices agreed Friday to a speedy review of a lower court ruling that has so far blocked the Trump administration from adding the citizenship question to the census for the first time since 1950.
Indiana Senate panel hearing state hate crimes bill
Opponents and supporters of a proposed Indiana hate crimes law are arguing their positions before state legislators. A state Senate committee opened a hearing Monday morning on a bill that would create a law specifically against crimes fueled by biases regarding traits such as race, religion and sexual orientation.
Opinions Feb. 15, 2019
The following 7th Circuit Court opinions were posted after IL deadline Thursday.
ARC Welding Supply, Co. Inc. v. American Welding & Gas, Inc.
18-1546
Appeal from the United States District Court for the Southern District of Indiana, Evansville Division. Judge Richard L. Young.
Civil. Affirms the Southern District Court’s entry of judgment in favor of American Welding & Gas Inc. and the award of damages in the amount of $33,765.52, plus interest. Finds the court did not err in basing its damage award on a $125 cylinder valuation. Also finds American’s agreement with ARC Welding Supply Co. does not contain language that would require its audit to be completed within 180 days, nor that $150,000 be owed to ARC if American fails to complete the audit by that deadline.
DOC cannot make Muslim inmate pay for religious diet, divided 7th Circuit says
The Indiana Department of Correction must provide a Muslim inmate housed at the Indiana State Prison with a meat-based diet in accordance with his religious beliefs, a divided panel of the 7th Circuit Court of Appeals ruled Friday in a decision upholding a lower court.
7th Circuit affirms man’s phone store robbery conviction
The 7th Circuit Court of Appeals affirmed a man’s conviction and sentence Thursday for conspiracy to commit robbery, finding the denial of his motion to change venue and suppress evidence was not erroneous.
Longtime Warsaw attorney resigns amid misconduct allegations
A Warsaw attorney with nearly 50 years’ experience has resigned from the Indiana bar after facing an investigation by the Indiana Supreme Court Disciplinary Commission.
7th Circuit: Damages proper in contract dispute between welding company, supplier
The 7th Circuit Court of Appeals has affirmed an award of damages to a welding company after finding language in an agreement with a welding supplies distributor did not entitle the latter to deferred payment.
Decatur lawyer convicted of forgery, counterfeiting suspended again
A Decatur lawyer sentenced to nearly nine months for forgery and counterfeiting convictions and disciplined five separate times last year has again been indefinitely suspended from the practice of law in Indiana for noncooperation. The Indiana Supreme Court indefinitely suspended Jill N. Holtzclaw on Thursday, effective immediately.
Trump says he’s declaring emergency to build border wall
President Donald Trump announced Friday that he will declare a national emergency to fulfill his pledge to construct a wall along the U.S.-Mexico border. Trump said he will use executive powers to bypass Congress, which approved far less money for his proposed wall than he had sought.
Justices consider admissibility of disciplinary history of medical expert
Indiana Supreme Court justices heard oral argument Thursday in a minor fender bender case that resulted in a $1.3 million verdict, considering whether questions regarding a medical expert witness’ disciplinary history and competence should have been admitted.