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COA rejects father’s argument that his kids should be CHINS

Although a Tippecanoe County father appealed the denial of a petition alleging his children were children in need of services, the Indiana Court of Appeals has ruled the father’s arguments as to why his children should be considered CHINS were unavailing.

Appeals court reaffirms man’s convictions for 2002 crime

Though a northern Indiana man convicted of multiple felonies 15 years ago was granted a new appeal by a federal judge, the Indiana Court of Appeals reaffirmed the man’s convictions on Friday, finding he failed to show he was prejudiced by his counsel’s actions.

Opinions Aug. 25, 2017

Indiana Court of Appeals
Karin Schwab v. Kyle Morrissey, et al.
49A02-1612-PL-2746
Civil plenary. Reverses the grant of summary judgment to Kyle Morrissey and Jamie Morrissey on Karin Schwab’s appeal of a small claims court judgment. Finds the Morrisseys failed to make a prima facie showing they are entitled to judgment as a matter of law, and the Marion Superior Court erred in granting them summary judgment.

COA: Pre-death family will settlement agreement enforceable

Ruling on a matter of first impression Friday, the Indiana Court of Appeals found that family members may enter into an enforceable settlement agreement regarding the distribution of assets from an estate before the testator’s death.

COA reverses summary judgment on small claims complaint

The Indiana Court of Appeals has reversed summary judgment for a Marion County couple on a small claims appeal after determining the woman who brought the appeal against the couple did not violate local rules in filing the appeal.

Trump administration opposes Chicago request for injunction

The Department of Justice has objected to Chicago’s request for a preliminary injunction barring the Trump administration from withholding public safety grants from so-called sanctuary cities that don’t comply with U.S. immigration laws.

7th Circuit reverses conviction handed down by Posner

In overturning the conviction of a Mongolian immigrant on the basis that the term “corrupt” should have been included in the jury instructions, a 7th Circuit Court of Appeals panels upended the outcome of a trial in which their colleague Richard Posner was the judge.

NAACP suit says Indiana’s voting law violates federal protections

The NAACP announced Thursday it has filed a second lawsuit against Indiana, challenging the state’s newly enacted voting law that allows for the removal of voters from the registration rolls without giving them notice or an opportunity to respond.

Opinions Aug. 24, 2017

Indiana Supreme Court
John Doe #1, et al. v. Indiana Department of Child Services
49S02-1609-CT-464
Civil tort. Affirms the grant of summary judgment to the Department of Child Services on a claim brought by a child abuse reporter whose name was not redacted when the report was released. Finds the statute protecting anonymity provides no private right of action. Also finds DCS’ recitation of the confidentiality statute did not create a common-law duty. Justice Steven David concurs in part and dissents in part with separate opinion.

Divided justices rule for DCS after child abuse reporter ID’d

A divided Indiana Supreme Court has affirmed summary judgment for the Department of Child Services after one of its employees revealed the name of a child abuse reporter, finding there was no statutory or common law basis to impose a duty of confidentiality.

Appellate court orders IURC to consider reasonableness of Avon ordinance

The Indiana Utility Regulatory Commission must consider the reasonableness of an Avon ordinance seeking to force a utility company to pay for the cost of moving power lines for a road construction project after the Court of Appeals ruled the commission erred in dismissing a complaint challenging the ordinance.