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Reversal: Children placed in father’s care weren’t CHINS

January 25, 2019

Three Tippecanoe County minor children age 5 and younger who were cared for by their father after they were found home alone in their mother’s home should not have been adjudicated children in need of services, the Indiana Court of Appeals held Friday in reversing the juvenile court.

COA: ‘pleasant’ drug defendant was properly Mirandized

January 25, 2019

A drug offender who received kudos from the trial court for her pleasant demeanor had her conviction and sentence affirmed by the Indiana Court of Appeals after she could not present any evidence that police failed to ensure she understood her Miranda rights.

Trump, Congress leaders reach deal to end shutdown

January 25, 2019

Yielding to mounting pressure and growing disruption, President Donald Trump and congressional leaders on Friday reached a short-term deal to reopen the government for three weeks while negotiations continue over the president’s demands for money to build his long-promised wall at the U.S.-Mexico border.

COA: Mom owes no college funds after child’s repudiation

January 25, 2019

A mother whose infidelity led to divorce and what a trial court called a “deep, seemingly bottomless rift between the children and Mother” owes a daughter no support with college expenses because the child repudiated their relationship.

No payoff for man who appealed lottery-related conviction

January 25, 2019

A man who worked with his family to illegally claim a $2 million lottery prize has lost his appeal of his multiple theft-related convictions, with the Indiana Court of Appeals finding sufficient evidence to support the convictions.

Supreme Court amends hearsay exception rule

January 25, 2019

The Indiana Supreme Court has amended Indiana’s rules regarding the admission of hearsay evidence, changing language in the rule governing then-existing mental, emotional or physical condition.

Deadline today for Leadership in Law nominations

January 25, 2019

Today is the deadline to submit nominations to honor Hoosier attorneys with the 2019 Indiana Lawyer Leadership in Law Awards. Each year, Indiana Lawyer selects 15 Distinguished Barristers and 15 Up and Coming Lawyers from attorneys nominated by their peers.

Public Defender Commission seeks funds for misdemeanors, appellate office

January 25, 2019

Guided by a task force report that calls for major reforms to Indiana’s indigent defense system, the Indiana Public Defender Commission is seeking additional funds in the state’s next biennial budget to improve defense services for indigent clients.

Lynch featured speaker at annual Diversity Dinner

January 25, 2019

Marion Circuit Judge Sheryl Lynch will be the keynote speaker at an upcoming annual event celebrating diversity and sponsored by multicultural student organizations from Indiana University Robert H. McKinney School of Law. The 7th Annual Diversity Dinner will take place at 5 p.m. Friday, March 1, at the Columbia Club with the theme “Peaceful Progression, Without Division.”

Opinions Jan 24, 2019

January 24, 2019

The following Indiana Supreme Court opinion was posted after IL deadline Wednesday:
Q.D.-A., Inc. v. Indiana Department of Workforce Development

19S-EX-43
Agency action. Reverses the finding that Q.D.-A. should have classified its driver as an employee, not an independent contractor. Finds the liability administrative law judge unreasonably concluded the driver was Q.D.-A.’s employee under the Unemployment Compensation Act when the driver was not under Q.D.-A.’s control or direction, performed a service outside Q.D.-A.’s usually course of business and ran an independently established business. Justice Geoffrey Slaughter concurs in result without separate opinion.

COA: Hardware store had no duty to shocked customer

January 24, 2019

A Crawfordsville hardware store that rented an aerial lift to a man who ultimately used it too close to some power lines did not have any duty to provide additional warnings, the Indiana Court of Appeals has ruled.

Justices: Drive-away driver properly classified as contractor

January 24, 2019

A “middleman” business that matches drivers with customers needing drive-away services properly classified one of its drivers as an independent contractor instead of an employee, the Indiana Supreme Court ruled in an opinion meant to resolve a conflict between two lower court rulings.

Son’s convictions for murdering parents upheld

January 24, 2019

A Lake County man convicted of murdering his parents failed to convince the Indiana Court of Appeals that a search of his family’s home was unconstitutional, thus allowing his murder convictions to stand.

COA: No double jeopardy violations in fatal flight from police

January 24, 2019

A South Bend motorist who fled police, ran a red light and hit another vehicle, killing the driver, was unable to convince the Indiana Court of Appeals that his convictions violate double jeopardy.

Indiana federal courts work as funds dwindle amid shutdown

January 24, 2019

In the Southern and Northern Indiana district courts, no workers have been furloughed and no pay periods have been skipped, but with the federal judiciary estimating it has funding only to sustain current levels of operations through the end of January, Hoosier jurisdictions are preparing for potential changes.

COA affirms order of extra payments to ex for unsold homes

January 24, 2019

A man must pay his ex-wife an extra $115,200 in monthly payments after he decided not to sell marital property as had been contemplated in their divorce settlement agreement, the Indiana Court of Appeals ruled Thursday, affirming a trial court order.

Ambiguous weight limit statute leads to infraction reversal

January 24, 2019

The ambiguity of a state statute means a man performing farm drainage work in Henry County did not commit an infraction by driving his heavy equipment on a state highway, the Indiana Court of Appeals has ruled. However, the court noted its ruling was limited specifically to the facts of the instant case and was not an opinion on how the ambiguity might affect other circumstances.

Split COA relieves defendant from default despite inexcusable neglect

January 24, 2019

The defendant in a workplace injury lawsuit was properly relieved from a default judgment against it despite the defense’s inexcusable neglect, a panel of the Indiana Court of Appeals ruled. A dissenting judge, however, warned the majority’s decision could result in litigants performing “end runs” around excusable neglect rules.

Elwood schools chief used own insurance for sick student

January 24, 2019

A Madison County school superintendent is free on bail after surrendering to police to face charges alleging she used her insurance to help a sick student receive treatment.

State prisoner charged with 4 Indianapolis murders in 2015

January 24, 2019

Prosecutors have charged a state prisoner with four counts of murder in connection with the shooting deaths of four people inside an Indianapolis home nearly four years ago.

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In This Issue

  • Indiana State Bar Association leads new program to support rural attorneys

  • Midwest firm accuses former partners of orchestrating mass staff exodus

  • UPDATE: Senate set to vote on heavily amended immigration bill

Most Read
  • Firing squad, gas execution methods move out of Indiana House committee

  • House committee advances bill redefining hemp, putting Indiana on path to more restrictions

  • New habeas corpus strategy is freeing some immigrant detainees

  • Shooting of Tippecanoe County judge was gang-related hit, authorities say

  • Nominations being accepted for the 2024 Henry Hurst Judicial Assistance Award

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