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Opinions Feb. 22, 2018

Indiana Court of Appeals
D.Z. v. State of Indiana
32A05-1708-JV-1907
Juvenile. Reverses D.Z.’s delinquency adjudication for an act that would have been criminal mischief as a Class B misdemeanor if committed by an adult. Finds the juvenile court abused its discretion when it admitted D.Z.’s incriminating statements to a school official, who was working in cooperation with law enforcement. Judge John Baker concurs with separate opinion. Judge Elain Brown dissents with separate opinion.

Judge certifies class in Hepatitis C case against DOC

A district court judge has certified a class action against the Indiana Department of Correction and various medical providers, alleging the defendants fail to provide adequate treatment for the class members’ Hepatitis C diagnoses.

Divided COA reverses delinquency finding after school discipline

A divided Indiana Court of Appeals panel has reversed a delinquency finding against a high school student who vandalized school bathrooms, with each judge writing separately to share their views on how the increased presence of police officers in schools can impact the nature of school disciplinary proceedings.

Holcomb pledges to sign Sunday alcohol sales bill

Gov. Eric Holcomb says he “won’t let too many Sundays pass” before signing a bill that would overturn a decades-old Indiana law banning carryout alcohol sales on that day.

Hill meets Trump on gun reform, points out Indiana ‘Red Flag Law’

Indiana Attorney General Curtis Hill met with President Donald Trump to discuss school safety and gun reform on Wednesday, the same day he announced a public safety campaign to remind Hoosier law enforcement of a law enabling them to seize firearms from dangerous individuals without filing criminal charges.

Ex-Louisville basketball coach urges legal action vs. NCAA

Former Louisville coach Rick Pitino believes the school should take legal action against the NCAA after the governing body nullified the Cardinals of the 2013 men’s basketball title. He said the Indianapolis-based NCAA’s decision to have Louisville vacate the title as part of sanctions for a sex scandal was unfair.

Indiana University cleared in sexual violence complaints

A federal agency has completed its investigation into four Title IX sexual violence complaints against Indiana University and determined that the school didn’t mishandle them. The U.S. Department of Education’s Office for Civil Rights has sent letters to the complainants regarding the outcome of the investigations.

Court rules for Amazon worker denied long-term disability

An insurance company’s denial of a long-term disability claim has been remanded by Jane Magnus-Stinson, chief judge for the U.S. District Court for Southern District of Indiana, who called the rejection “unreasonable.”

DCS, CHINS bills continue to sail through Statehouse

A slew of bills aimed at helping youngsters designated as children in need of services and another targeting overdue child support payments cleared legislative committees Wednesday with no opposing votes.

Opinions Feb. 21, 2018

Indiana Court of Appeals
Jason H. Bader v. State of Indiana (mem. dec.)
79A02-1706-CR-1404
Criminal. Affirms Jason H. Bader’s 22-year aggregate sentence, with 16 years in the Indiana Department of Correction, four years in community corrections and two years suspended to probation, for his convictions of dealing in methamphetamine, dealing in a synthetic drug or lookalike substance and possession of paraphernalia. Finds Bader has not sustained his burden of establishing his sentence is inappropriate in light of the nature of the offense and his character.