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Opinions April 1, 2019

Indiana Court of Appeals
In the Matter of A.R., A.S., L.S., and J.O., Children Alleged to be Cihldren in Need of Services; M.O. (Mother) v. Indiana Department of Child Services
18A-JC-2523
Juvenile CHINS. Reverses the Tippecanoe Superior Court’s adjudication of M.O.’s four minor children as children in needs of services. Finds the trial court erred in adjudicating A.R., A.S., L.S., and J.O. as CHINS. Concludes the Department of Child Services did not meet its burden to demonstrate that the children have needs that they were unlikely to receive without the coercive intervention of the court.

CHINS adjudication reversed for mom who tested clean

A mother whose kids were found to be children in need of services despite her successful efforts to stay sober and get the help she needed found favor with an appellate panel Monday, who reversed the CHINS adjudication on the basis of insufficient evidence.

Disciplinary Commission: AG Hill claiming he is above ethics rules

The Indiana Supreme Court Disciplinary Commission has accused Attorney General Curtis Hill of seeking special treatment in the disciplinary proceedings brought against him, arguing in court filings that Hill’s case must go before a hearing panel to protect the public interest.

Judge lets South Bend abortion clinic challenge proceed

National healthcare and abortion providers seeking to open an abortion clinic in northern Indiana received a ruling in their favor last week when a federal judge denied the state’s motion to dismiss a complaint challenging the constitutionality of Indiana abortion clinic licensing regulations.

COA takes criminal recklessness case to Munster H.S.

Questions of whether certain witnesses should have been excused from testifying in a criminal recklessness case for violating a separation of witnesses orders will be considered by a traveling appellate panel Thursday at Munster High School.

Democrats to prepare subpoenas for full Mueller report

The House Judiciary Committee will prepare subpoenas this week seeking special counsel Robert Mueller’s full Russia report as the Justice Department appears likely to miss an April 2 deadline set by Democrats for the report’s release.

Opinions March 29, 2019

Indiana Court of Appeals 
Cathy Jo Robertson v. State of Indiana ex rel. Curtis T. Hill, Jr., Attorney General of Indiana; Ronald Bloemer, Auto-Owners Insurance Company, and OneBeacon Insurance Company
18A-PL-1002
Civil plenary. Affirms the Jennings Superior Court’s denial of Cathy Jo Robertson’s Indiana Trial Rule 12(B)(6) motion to dismiss a complaint to recover public funds filed by the Office of the Indiana Attorney General. Finds the two-year statute of limitations did not begin to run until after the OAG received the final, verified report of the Indiana State Board of Accounts. Also finds the OAG’s complaint was filed within two years of receiving the final report, so, the claim was timely filed, and the trial court did not err in its denial of Robertson’s motion to dismiss. 

Police: 75-year-old Gary man says gay slur led to fatal stabbing

A 75-year-old man who described himself as a retired drag queen told authorities he fatally stabbed a 64-year-old man who allegedly used a gay slur during a dispute. Police responded Tuesday night to an apartment building in Gary and found Carlos Johnson, who had multiple stab wounds.

Supreme Court won’t stop enforcement of bump stock ban

The Supreme Court on Thursday declined to stop the Trump administration from enforcing its ban on bump stock devices, which allow semi-automatic weapons to fire like machine guns. The ban took effect Tuesday.

Boone County doc charged with abusing 3 boys gives up license

A central Indiana pediatrician charged with sexually abusing three boys has voluntary surrendered his medical license for 90 days. Attorney General Curtis Hill announced Thursday that his office has reached an agreement for the surrender with attorneys for 41-year-old Dr. Jonathon Cavins of Jamestown.

Man charged with murder in Lake County in 2011 disappearance of his mother

A 46-year-old man has been charged with murder eight years after the disappearance of his 70-year-old mother in northwestern Indiana. The Post-Tribune reports Paul Monet Fontaine was booked at the Lake County Jail this week after being extradited from Las Vegas, where he was living.

Report: Holcomb got private flights from casino magnate

A newspaper reported that a casino magnate treated Gov. Eric Holcomb to two private jet flights last year and made big donations to Holcomb’s largest 2016 campaign donor while he was pushing for changes to Indiana law that would benefit his business.