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Opinions May 26, 2017

Indiana Court of Appeals
Indiana Department of Child Services v. J.D., R.B., et al.
71A03-1611-JC-2627
Juvenile CHINS. Reverses the St. Joseph Probate Court’s denial of the Indiana Department of Child Services’ petition alleging M.B. was a child in need of services. Finds DCS’ evidence tending to establish the elements of Indiana Code 31-34-12-4, or the Presumption Statute, was competent and probative and, thus, sufficient to trigger the application of the Presumption Statute and shift the burden of producing evidence to rebut the presumption to M.B.’s parents. Remands with instructions.

Retired attorney creates course to teach lawyers how to be leaders

Retired attorney Greg Utken has helped develop a program focused on preparing attorneys to step into lead positions within a firm, legal department or company. The course, Lawyer to Leader, was developed in conjunction with Butler University’s Executive Education initiative.

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Justices consider ‘reasonable’ standard in flash bang search case

As criticism across the country continues to grow against the use of flash bang devices, a highly controversial police diversionary tool, the justices of the Indiana Supreme Court must decide whether the use of such a tool in Evansville constituted an unreasonable assault on the home.

Retzner: Estate planning second step is more important than first

Most clients, and indeed more than a few attorneys, believe that once step one is completed, so is the client’s estate planning. The file is closed and, maybe a reminder to check back with the client in a few years for any updates. Maybe there is correspondence discussing “step two,” but in too many cases nothing is done. Step two, however, is by far the most important part of the estate planning process.

Potential death of Affordable Care Act likely to cut taxes

The American Health Care Act, which seeks to repeal and replace the ACA, passed the House on a party-line vote but has not gained much traction in the Senate. In fact, the upper chamber is crafting its own repeal-and-replace legislation that could differ widely from the House proposal.

Ex-prosecutor faces discipline for failing to disclose false testimony

A former Porter County deputy prosecutor and a member of the Valparaiso City Council faces sanctions from the Indiana Supreme Court for allegedly withholding from the defense that an alleged victim said he had been coached to lie and had recanted allegations of sexual abuse.

Reversal: Trial court ordered to revisit CHINS petition

An Indiana trial court imposed an “inappropriately high” burden on the Department of Child Services to prove a presumption of a child in need of services situation, the Indiana Court of Appeals held Friday in an opinion ordering the trial court to revisit the CHINS petition.

Indiana sues 2 former school administrators for $3M

The Indiana Attorney General's office is suing two former Munster school administrators for more than $3 million, alleging the pair misappropriated, illegally retained or fraudulently obtained public funds.

Tax Court affirms board’s valuations of Bloomington CVS store

In a case involving the same litigants, attorneys and issues previously raised by the Monroe County assessor and CVS corporation, the Indiana Tax Court has affirmed the Indiana Board of Tax Review’s final determination as to the assessed value of a CVS store in Bloomington.

Former Indiana justices reunite for event saluting Rucker

Members of Indiana’s legal community who have worked with now-retired Indiana Supreme Court Justice Robert Rucker gathered in Indianapolis Wednesday to celebrate the impact the long-time jurist had on the practice of law in Indiana during his quarter-century career on the appellate bench.