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Opinions Aug. 6, 2019

Indiana Court of Appeals
In the Matter of: R.G. (Child) and M.M. (Mother) and M.G. (Father) v. Indiana Department of Child Services
19A-JC-598
Juvenile CHINS. Affirms the Bartholomew Circuit Court’s order adjudicating R.G. to be a child in need of services. Finds that although the trial court erred in permitting a witness for the Department of Child Services to testify telephonically at the fact-finding hearing, the error is harmless in light of other probative evidence. Also finds the trial court did not abuse its discretion in ordering parents to participate in services.

ICLEO fellows say they feel more prepared for first day of law school

| Katie Stancombe

Three weeks into the six-week long Indiana Conference for Legal Education Opportunity program, ICLEO fellow Jasmine Lovelace felt like she was already immersed in law school, especially with her 100-plus-page reading assignments. The soon-to-be Indiana University Robert H. McKinney School of Law student was one of 23 applicants from across the state selected to participate in the 2019 ICLEO summer preparatory institute, hosted at Indiana University Maurer School of Law in Bloomington.

Study: Indiana among states with less diverse supreme court

| IL Staff

Finding a disproportionate majority of state supreme court justices are white men, a study by the Brennan Center for Justice at the New York University School of Law highlights the lack of diversity on America’s highest state courts, which is being described as a crisis.

Gunmaker asks US Supreme Court to hear Sandy Hook appeal

| Associated Press

The maker of the rifle used in the Sandy Hook Elementary School shooting has asked the U.S. Supreme Court to hear its appeal of a state ruling against the company. Remington Arms, based in Madison, North Carolina, cited a much-debated 2005 federal law that shields firearms manufacturers from liability in most cases when their products are used in crimes.

Opinions Aug. 5, 2019

Indiana Court of Appeals
A S v. R E, et al.
19A-AD-00240
Adoption. Affirms the Morgan Superior Court’s decree of adoption filed by grandparents R.S.E. and R.K.E. to adopt their minor grandchild C.A.H. against father A.C.S.’s wishes. Finds the trial court did not err in finding that father’s consent to the adoption was irrevocably implied pursuant to Indiana Code section 31-19-10-1.2(g) because he failed to appear for the final hearing. Chief Judge Nancy Vaidik dissents with separate opinion.

Small Class of 2018 posts higher employment outcomes

| Marilyn Odendahl

Even while the total number of entry-level law firm jobs is still below the pre-recession peak, the employment stats for the 2018 law school graduates improved, primarily because the smaller size of last year’s class meant fewer new lawyers were looking for work.

Trump says he wants stronger gun checks but gives no details

| Associated Press

President Donald Trump on Monday condemned weekend shootings in Texas and Ohio as “barbaric” attacks and crimes “against all humanity” as he called for bipartisan cooperation to strengthen the nation’s gun laws. Trump said he wants legislation providing “strong background checks” for gun users, but he provided scant details and has reneged on previous promises after mass shootings.

Louisiana lawsuit: Forced bar association dues are unconstitutional

| Associated Press

A lawsuit filed against Louisiana’s Supreme Court and the Louisiana State Bar Association says attorneys in the state are unconstitutionally forced to join the association and pay dues. The federal lawsuit says the mandatory bar association membership violates attorneys’ freedom of speech and association rights.

Allen County woman gets 3 years in neglect death

| Associated Press

A northeastern Indiana woman has been sentenced to three years in prison after pleading guilty to neglect in the death of her 2-year-old daughter. A judge Friday suspended nine years of the 12-year sentence handed 30-year-old Crystal Belcher of New Haven under terms of a plea agreement with prosecutors.

Indiana landlord seeks Supreme Court’s help in land dispute

| Associated Press

A northwestern Indiana landlord wants the U.S. Supreme Court to wade into his dispute with the city of Hammond and overturn a city order directing him to remove five apartments that he’s leased to tenants in what was once a single-family home. Jose Andrade, who argues that Hammond’s order violates his constitutional rights, has filed a petition for review with the nation’s highest court.

Indiana casinos looking for jump on Midwest sports betting

| Associated Press

Indiana casinos are racing ahead with preparations to launch legalized sports betting in early September, looking to seize an advantage over competitors in Chicago and other nearby large markets where such wagers aren’t yet allowed. A new state law approved this spring allows betting to start Sept. 1 on dozens of professional, collegiate and international sporting events.

Opinions Aug. 2, 2019

Indiana Court of Appeals
Jim Brugh v. James L. Sailors, Cass County Commission, et al.
18A-PL-2730
Civil plenary. Affirms and reverses in part the Cass Superior Court’s determination that the City of Logansport had complied with an agreed judgment between the city, county and Jim Brugh concerning a Logansport war memorial. Finds the city did not comply with a section of the agreed judgment holding that it would execute a deed of dedication transferring the memorial jointly to itself and the county, expressly referring to its dedication and preservation as a war memorial pursuant to Indiana Code §§ 10-18-4-2(b)(3) and 10-18-4-12. Also finds Brugh wholly failed to prove the Cass County Council acted in contempt. Finally, finds the Cass County Council acted within its authority as the fiscal branch of county government and did not willfully disobey the agreed judgment. Remands for further proceedings regarding the enforcement of the deed provision of the agreed judgment.