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Opinions Nov. 30, 2017

Indiana Court of Appeals
D.J. v. State of Indiana
49A05-1704-JV-673
Juvenile. Affirms D.J.’s adjudication as a delinquent child for committing two counts of armed robbery, Level 3 felonies if committed by an adult. Reverses D.J.’s delinquent adjudication for committing two counts of criminal confinement, Level 3 felonies if committed by an adult. Finds there is sufficient evidence to support the juvenile court’s true findings that D.J. committed armed robbery. Also finds the juvenile court’s true findings of criminal confinement violate the Double Jeopardy Clause of the Indiana Constitution. Remands to the Marion Superior Court with instructions to vacate the true findings of criminal confinement.

COA: Divorcing husband has no claim on wife’s trust

An Indiana trial court correctly determined that a woman’s interests in discretionary family trusts are too remote and speculative to be included in the marital pot as part of her dissolution proceedings, the Indiana Court of Appeals ruled Thursday.

COA: Trial court must impose probation fees for felonies

The Marion Superior Court must hold an indigency hearing and correct its failure to impose probation fees on a man convicted of a felony after the Indiana Court of Appeals determined Thursday that state statute requires the imposition of probation fees for felony convictions.

First Amendment suit challenging Charter School Act proceeds

A federal lawsuit alleging Indiana’s Charter School Act violates the First Amendment Establishment Clause will proceed after a district court judge declined to dismiss a portion of the complaint against a Monroe County charter school.

Opinions Nov. 29, 2017

Indiana Court of Appeals
Alan Ruiz v. State of Indiana
10A05-1702-CR-311
Criminal. Affirms Alan Ruiz’s conviction of Class B misdemeanor public intoxication. Finds the evidence and reasonable inferences show Ruiz was intoxicated in a public place and in imminent danger of breaching the peace.

7th Circuit quickly withdraws decision in Indiana case

The 7th Circuit Court of Appeals today withdrew a nonprecedential disposition it issued yesterday in a prisoner’s pro se complaint from the U.S. District Court for the Northern District of Indiana, South Bend Division.

Sellersburg clerk-treasurer loses appeal for second deputy

The Sellersburg clerk-treasurer who sought a mandate requiring the town board to give her funds for a second deputy clerk has lost her appeal of the denial of her request. The Indiana Court of Appeals determined state statute gives the legislative body oversight over the number of deputy clerks.

Michigan sports doctor pleads guilty to assaulting gymnasts

A disgraced Michigan sports doctor who admits he sexually assaulted female gymnasts and possessed child pornography pleaded guilty Wednesday in a third criminal case, acknowledging that he molested girls who sought treatment for injuries.

U.S. Supreme Court wrestles with whistleblower protection issue

The Supreme Court of the United States on Tuesday seemed reluctant to broadly apply whistleblower protections passed by Congress after the 2008 financial crisis, suggesting those particular protections only apply to people who report problems to the government.