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Opinions September 3, 2024

September 3, 2024

Indiana Court of Appeals
Michael DeGrado, Sr. v. Kari A. DeGrado
24A-DC-187
Domestic relations with children. Affirms the Lake Superior Court’s granting of Michael DeGrado’s petition to modify his child support payments to Kari DeGrado. Finds that the trial court should have permitted Michael DeGrado to present argument and evidence regarding the extracurricular expenses. Reverses the trial court’s judgment to the extent that it refused to consider this issue. Remands with instructions that the trial court consider the issue of the parents’ share of extracurricular expenses. Also finds that the father has failed to establish clear error with regard to the issue of his reimbursed expenses.

Federal judge rules FSSA must provide modified relief for families in attendant care lawsuit

September 3, 2024 | Indiana Capital Chronicle

The last two parents of medically fragile children receiving state payments for attendant care will transition to Structured Family Caregiving with everyone else following a Friday court ruling. But the federal judge presiding over the attendant care lawsuit ruled that FSSA must “arrange” for families to receive in-home skilled nursing services on top of that program.

Mother sentenced to 30 years for drug use, neglect in infant co-sleeping case 

September 3, 2024 | IL Staff

The mother of a 13-day-old infant who died after co-sleeping was sentenced to 30 years in the Indiana Department of Correction, according to the Vanderburgh County Prosecutor’s Office.  

Harris and Trump offer starkly different visions on climate change and energy

September 3, 2024 | Associated Press

As the Earth sizzled through a summer with four of the hottest days ever measured, Vice President Kamala Harris and former President Donald Trump have starkly different visions on how to address a changing climate while ensuring a reliable energy supply. But neither has provided many details on how they would get there.

A pardon for Jamey Noel won’t come from his administration, Holcomb says

September 3, 2024 | Indiana Capital Chronicle

Any decision about whether or not to pardon former Clark County Sheriff and longtime Republican operative Jamey Noel of his crimes won’t come from the Holcomb administration, Gov. Eric Holcomb said Friday.

More than 10,000 hotel workers strike during Labor Day weekend

September 3, 2024 | Associated Press

More than 10,000 workers at 25 U.S. hotels were on strike Monday after choosing Labor Day weekend to amplify their demands for higher pay, fairer workloads and the reversal of COVID-era cuts.

focus-union-workers03-450bp.jpg

A decision on a major policy shift on marijuana won’t come until after the presidential election

September 3, 2024 | Associated Press

A decision on whether to reclassify marijuana as a less dangerous drug in the U.S. won’t come until after the November presidential election, a timeline that raises the chances it could be a potent political issue in the closely contested race.

Former East Chicago police commander sentenced to three years in federal prison for cocaine distribution

August 30, 2024 | IL Staff

A former East Chicago police commander convicted of providing cocaine to an associate was sentenced to three years in federal prison Thursday.

Murder case takes center stage during oral arguments on Fever practice court

August 30, 2024 | Maura Johnson

The Indiana Court of Appeals heard oral arguments Friday in the case of a man sentenced for murdering his girlfriend, with judges weighing whether the man’s cell phone was legally seized for evidence.

Six apply for impending Allen County judicial vacancy

August 30, 2024 | IL Staff

Three magistrate judges and three attorneys have applied for an upcoming vacancy on the Allen Superior Court bench.

Opinions August 30, 2024

August 30, 2024

Indiana Supreme Court
In the Matter of Robert T. Miller
24S-DI-236
Attorney discipline. Orders Robert Miller to be suspended for 120 days from the practice of law in Indiana, beginning Oct. 11, with automatic reinstatement. Finds Miller, as a staff attorney with the Indiana Department of Child Services, engaged in attorney misconduct by signing family case managers’ names to child in need of services petitions without their knowledge or consent. Also finds Miller’s misconduct had the potential for significant injury due to the fundamental interests at stake in CHINS proceedings. 

Committee working to identify defunct government boards, commissions and councils

August 30, 2024 | Indiana Capital Chronicle

In less than 45 minutes, a dozen committee members swiftly moved through a Wednesday agenda analyzing nine Indiana government commissions to determine whether the boards still existed functionally or only on paper.

 

McCormick emphasizes curriculum, accountability and teachers in Indiana education plan

August 30, 2024 | Indiana Capital Chronicle

School accountability, teacher salary boosts and “academic freedom” are priorities on Jennifer McCormick’s education plan, the Democratic gubernatorial candidate announced on Thursday.

National conservative group alleges systemic election fraud in survey sent to Indiana voters

August 30, 2024 | Indiana Capital Chronicle

A survey sent to Noblesville area voters from a national conservative think tank contends election fraud is on the rise as part of illegal attempts to steal elections.

Defense Department civilian to remain jailed awaiting trial on mishandling classified documents

August 30, 2024 | Associated Press

A federal judge has overruled a magistrate and ordered a Defense Department civilian and U.S.-Turkish dual citizen to remain jailed while he awaits trial on accusations he mishandled classified documents.

Opinions August 29, 2024

August 29, 2024

Indiana Supreme Court
Cave Quarries, Inc. v. Warex LLC
24S‐CT‐39
Civil tort. Affirms the Orange Circuit Court’s denial of Cave Quarries’ motion for summary judgment. Finds Indiana law has long treated blasting as an abnormally dangerous activity subject to strict liability for damage to neighbors and bystanders. Also finds the court does not extend strict liability for blasting damage to a customer who participated in the blasting by hiring the defendant to conduct the explosion. Remands for the trial court to enter judgment for Warex and against Cave Quarries on count one of Cave Quarries’ complaint for damages alleging a strict liability claim, and to proceed on Cave Quarries’ negligence claim in count two.

IU expressive activity policy violates First Amendment, ACLU of Indiana lawsuit alleges

August 29, 2024 | Alexa Shrake

The American Civil Liberties Union of Indiana filed a federal lawsuit Thursday against Indiana University in a challenge to the university’s newly-implemented expressive activity policy.

Indianapolis felon sentenced to federal prison for possession of machine gun

August 29, 2024 | IL Staff

An Indianapolis man previously convicted of a felony was sentenced to more than three years in federal prison after pleading guilty to possession of a machine gun, according to the U.S. Attorney’s Office for the Southern District of Indiana.

Whitley Co. Judge deployed for military service, judge pro tempore appointed to bench

August 29, 2024 | IL Staff

The Indiana Supreme Court appointed attorney Antony Garza as Judge Pro Tempore in Whitley Superior Court Tuesday.

FSSA exploring narrow relief options for Hoosiers on Medicaid waitlists

August 29, 2024 | Indiana Capital Chronicle

Responding to pressure, state officials are considering whether or not they can tap into a pool of federal dollars to provide relief for a narrow subset of Hoosiers on Medicaid waiver waitlists. Indiana Medicaid Director Cora Steinmetz described the process during a two-hour Medicaid Oversight Committee Tuesday alongside updates on various Medicaid initiatives.

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In This Issue

  • Some Rokita targets continue fighting civil subpoenas on immigration

  • State and federal courts leaning more heavily on magistrates

  • Legal troubles at Jack’s Donuts concern some local franchisees

Most Read
  • State’s high court to hear arguments on double jeopardy, right to appeal

  • 9 Indiana counties chosen for misdemeanor defense reimbursement pilot

  • ‘Get involved.’ Indiana judges, attorneys offer advice for new lawyers

  • Owner of Broad Ripple bar charged with underreporting more than $4.5M in sales

  • List of new Indiana laws approved this year

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