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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.

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.

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.

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.

Report: Indiana lawmaker may have violated lobbying laws

A former Indiana lawmaker’s contract with the state’s Department of Veterans Affairs may have violated state lobbying laws, according to a newspaper investigation. Allen Paul received more than $150,000 from July 2015 to December 2018 after signing a lobbying contract with the department nine months after the former Republican senator retired in 2014.