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Opinions Oct. 2, 2017

October 2, 2017

Indiana Supreme Court
State of Indiana v. S.G.T.
29S02-1705-CR-284
Criminal. Reverses the Hamilton Superior Court’s dismissal of the charge of Class D felony dissemination of matter harmful to minors against 38-year-old S.G.T., who sent a photo of his genitals to a 16-year-old girl. Overrules Salter v. State, 906 N.E.2d 212 (Ind. Ct. App. 2009). Finds the dissemination statute, Indiana Code 35-49-3-3(a)(1) (2008), is not unconstitutionally vague.

Tax Court rules against CVS in dispute over Monroe County store valuation

October 2, 2017

The most recent in a long line of tax disputes between the Monroe County assessor and CVS Corp. has ended with two rulings against CVS after the Indiana Tax Court affirmed assessed valuations of Monroe County CVS stores.

Juvenile court must reconsider modification petition for teen without counsel

October 2, 2017

A Kosciusko County teen who was made a ward of the Department of Correction will get another day in court after the Indiana Court of Appeals determined the teen did not waive his right to counsel at the hearing where he was made a ward.

COA affirms termination of parental rights, declines request to interpret phrase in statute

October 2, 2017

The Indiana Court of Appeals has affirmed the termination of a father’s parental rights, even though the fact-finding hearing was held outside the statutory time frame. The judges also declined to interpret whether the applicable statute contains directory or mandatory language.

First Monday in October: New Supreme Court term begins

October 2, 2017

The Supreme Court is starting its new year, with Justice Neil Gorsuch on board for his first full term.

Indiana undecided on how to spend $41M Volkswagen settlement

October 2, 2017

Indiana officials have yet to decide how to use the $41 million the state will receive from a settlement federal regulators reached with Volkswagen, which cheated on emissions tests.

Autopsy: Man who fled police fatally shot by trooper

October 2, 2017

Authorities say an autopsy determined that a man wanted by police after fleeing from a traffic stop in Columbus was fatally shot by a state trooper in southern Indiana.

Sentence affirmed for man who killed exchange students in drunk driving crash

September 29, 2017

A man convicted of killing three foreign exchange students in a violent car crash while driving drunk won't have his 38 ½-year sentence after the Indiana Court of Appeals determined he failed to prove his sentence was inappropriate.

Judges affirm intimidation conviction against man who threatened neighbor

September 29, 2017

The state presented sufficient evidence to prove a Cass County man intimidated his neighbor by engaging in a true threat against his neighbor and intending to place his neighbor in fear of retaliation, the Indiana Court of Appeals has ruled.

COA reverses CHINS finding for lack of evidence

September 29, 2017

An Allen County child will no longer be considered in need of services after the Indiana Court of Appeals determined Friday the Department of Child Services failed to provide sufficient evidence to support a CHINS finding.

COA reverses order making ex-spouses co-owners of college savings account

September 29, 2017

An Indiana trial court erred when it ordered two divorced parents to become co-owners of the ex-husband’s 529 savings account in post-dissolution proceedings, finding the account was the man’s property, so the trial court lacked authority to make his ex-wife a co-owner.

Opinions Sept. 29, 2017

September 29, 2017

Indiana Court of Appeals
David K. Miller v. Joy A. (Miller) Brown
03A01-1703-DR-512
Domestic relation. Reverses the Bartholomew Superior Court’s order requiring David Miller and Joy Brown to combine all the savings from four college savings accounts into a single, jointly owned account for the benefit of their youngest son, N.M. Finds the funds in the two accounts opened by Miller are his property and the trial court lacked authority to make Brown a co-owner. Remands for a new ruling on Brown’s petition for payment of N.M.’s college expenses.

California helps workers sue their bosses. New York has noticed

September 29, 2017

Next week, the U.S. Supreme Court will consider whether employees have the right to bring class actions against their bosses. With the court’s Republican majority restored this year by President Donald Trump, labor advocates aren’t holding their breath. Instead, they’re pursuing a work-around pioneered on the West Coast.

Owner of Indiana day care where infant died gets probation

September 29, 2017

The owner of an Indianapolis day care where an infant died in 2016 while strapped into a car seat and left alone in an empty room has been ordered not to work in child care.

Activists hope complaint will stymie Dunes development

September 29, 2017

Activists opposed to the privatization of a pavilion at Indiana Dunes State Park want officials to review a developer’s renovation plans, arguing they would improperly alter the historic building.

Washington state, Seattle are latest to sue opioid makers

September 29, 2017

Washington state and the city of Seattle on Thursday joined more than two dozen other government entities across the country suing to hold opioid makers accountable for an addiction crisis that has claimed thousands of lives.

Indiana police probe possible suspect in Delphi girls’ killings

September 29, 2017

Indiana investigators are looking into whether a man arrested in Colorado for allegedly threatening people along a hiking trail with a hatchet could be linked to the February killing of two teenage hikers in Delphi.

Indiana man arrested on warrant for Charlottesville assault

September 29, 2017

Authorities have arrested an Indiana man on an assault and battery warrant for allegedly punching a man and woman who were demonstrating against last month’s white nationalist protest in Charlottesville, Virginia.

Indianapolis double murder suspect arrested in El Paso

September 29, 2017

Federal marshals in El Paso, Texas, have arrested a 48-year-old man wanted for a double slaying in Indianapolis.

Senate confirms Minkler; committee advances Kirsch, delays vote on Barrett

September 29, 2017

The U.S. Senate Committee on the Judiciary approved by voice vote five nominees for U.S. attorney, including the nominee for the Northern District of Indiana, Thursday. The full Senate on a voice vote also confirmed Josh Minkler as U.S. Attorney for the Southern District of Indiana.

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In This Issue

  • Attorneys emphasize planning early for smoother retirement

  • Indiana Legal Help looks ahead to what’s possible amid transition

  • Attorney for family of Hamilton County crash victim faces felony after allegedly stealing car parts

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

  • Brownsburg school district to pay $650K to settle former teacher’s religious accommodation claims

  • 13 attorneys general sue Evansville-based OneMain over hidden loan add-ons

  • Marion County judicial selection committee finds judge ‘not suitable’ for retention

  • Midwest firm accuses former partners of orchestrating mass staff exodus

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