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Opinions June 27, 2018

The following opinion was posted after IL deadline Monday:
Indiana Supreme Court
J.R. v. State of Indiana
18S-JV-285
Juvenile. Affirms J.R.’s delinquency adjudication for dangerous possession of a firearm and carrying a handgun without a license, had he been committed as an adult. Finds the pat-down search of J.R. did not violate his rights. Finds that double jeopardy principles preclude J.R.’s dual adjudications. Remands to the juvenile court to vacate delinquency adjudication for carrying a handgun without a license.

ACLU of Indiana calls for advocacy against travel ban

With the U.S. Supreme Court upholding President Donald Trump’s travel ban, the ACLU of Indiana said Wednesday the fight to overturn the executive order to prohibits certain immigrants from entering the United States must now move from the courtroom to the grassroots.

Justices vacate juvenile gun adjudication as double jeopardy

Indiana Supreme Court justices affirmed in part a Marion Superior Court decision on Monday that found a 16-year-old delinquent. Justices affirmed the teen’s dangerous possession of a firearm adjudication but vacated his adjudication for carrying a handgun without a license, as both the state and defense agreed it constituted double jeopardy.

Decatur attorney accused of forging judge’s signature suspended

An attorney in northeastern Indiana has been suspended from the practice of law after she was criminally charged. The lawyer has been accused of signing a judge’s name to a phony order in a divorce case and sending emails to an expungement client’s widow posing as a deputy prosecutor.

Supreme Court deals big setback to labor unions

The Supreme Court ruled Wednesday that government workers can’t be forced to contribute to labor unions that represent them in collective bargaining, dealing a serious financial blow to organized labor.

Judge: Separated families must be reunited within 30 days

A judge in California on Tuesday ordered U.S. border authorities to reunite separated immigrant families within 30 days, setting a hard deadline in a process that has so far yielded uncertainty about when children might again see their parents.

New laws for 2018

The Indiana General Assembly this year adopted new laws on matters from Sunday carryout sales to designating Say’s Firefly as the official state insect. Here is the complete list of enrolled acts signed into law this year.

President’s Column: The Bar Association’s Role as Mentor

Because you are reading The Indiana Lawyer, I’m going to assume that you’re an attorney. And if you are reading this in print format, I am going to assume that you’re at least over 40 years old. And if you’re an attorney who is at least 40 years old and you have practiced this long, […]

Oregon city ends jail contract with ICE

Springfield, Oregon, has terminated a deal with U.S. Immigration and Customs Enforcement that allows the agency to house immigrants who are living in or entering the country illegally in the Springfield Municipal Jail.

Townsend: See Purple? Check the property lines and avoid trespassing

Townsend By Andrea Townsend Effective July 1, seeing purple could mean you are about to commit trespass. Passed as part of House Enrolled Act 1233, Indiana’s “Purple Paint Statute” means that a purple paint perimeter serves the same purpose as a “No Trespassing” sign. Before July 1, criminal trespass required notice that no entry is […]

Biberstine: Devoting more money, Indiana leads in making schools safer

The shooting at Noblesville West Middle School brought a national problem to our front door. Many have asked what Indiana is doing to make schools safer. The quick answer is that Indiana has taken some large steps over the past few years and is now in a position of being a national leader for making Indiana school buildings some of the safest in the country for children.

Opinions June 26, 2018

7th Circuit Court of Appeals
The following opinion was issued after IL deadline Monday.
Peter Deppe v. NCAA
17-2275
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Tanya Walton Pratt.
Civil plenary. Affirms dismissal of Peter Deppe’s proposed class-action against Indianapolis-based National Collegiate Athletic Association seeking an antitrust challenge of the NCAA’s “year in residence rule” requiring Division I student athletes to wait one year before they can play for their new school. Finds the requirement is an eligibility rule clearly meant to preserve the amateur character of college athletics and is therefore presumptively procompetitive under NCAA v. Board of Regents of University of Oklahoma, 468 U.S. 85 (1984) and Agnew v. NCAA, 683 F.3d 328 (7th Cir. 2012).

COA: Ex’s contempt order was valid but violated federal law

A trial court’s contempt order against a man who named his current wife beneficiary of his military survivor benefits was valid, even though the court’s order that the ex-husband redesignate his ex-wife violated federal law, the Indiana Court of Appeals found Tuesday.