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As Indiana’s executive and legislative branches work to implement reforms in the Department of Child Services and boost funding, the judicial branch is also reviewing the department in a case that could decide whether child welfare cases are subject to res judicata.
Indiana Court of Appeals
Morgan K. Govan v. State of Indiana
18A-CR-708
Criminal. Affirms Morgan K. Govan’s conviction of possession of cocaine or narcotic drug as a Level 4 felony, the determination that he is a habitual offender and his aggregate 30-year and 183-day sentence. Finds the Allen Superior Court did not err in admitting into evidence the heroin found on Govan after his arrest. Also finds any abuse of the trial court’s sentencing discretion was harmless because Govan’s sentence is not inappropriate.
A man who allegedly held two women against their will and beat them in his Fort Wayne home and later was found holding heroin lost his appeal Friday. An appellate court rejected his challenge to the admission of evidence against him as well as his appeal of his aggregate 33½-year sentence.
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.
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.
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.
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.
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.
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.
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.
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.
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.”
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.
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.
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.
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.
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.
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.
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.
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.