COA: Mother denied right to counsel in adoption proceeding
The Indiana Court of Appeals has reversed a Johnson County adoption after finding the mother was denied due process when the adoption court found that she had waived her right to counsel.
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Opinions March 16, 2017
Indiana Court of Appeals
Admiral Insurance Company v. Joseph Banasiak, et al.
45A05-1604-PL-859
Civil plenary. Reverses the denial of Admiral Insurance Co.’s motion for summary judgment and declaratory judgment in favor of the estate of Dr. Habib Zadeh. Finds that Indiana Code 34-18-13-4 does not require coverage of Jennifer Muehlman’s claim.
Advocates of hate crime statute still pushing Legislature to act
With a little more than a month remaining in the 2017 Indiana General Assembly session, advocates are ramping up their efforts to get hate crime legislation through the Statehouse this year.
Pence wants Supreme Court to dismiss public records case after release of white paper
After a “white paper” detailing a legal challenge to a federal immigration order was leaked as part of a journalistic investigation, attorneys for former Gov. Mike Pence are petitioning the Indiana Supreme Court to dismiss a court case seeking to uncover the contents of the white paper, saying the case is now moot.
Alito: US’ dedication to religious liberty being tested
The U.S. is entering a period when its commitment to religious liberty is being tested, Supreme Court Justice Samuel Alito told an audience Wednesday at an event in Madison, New Jersey, sponsored by a Catholic lawyers' organization.
Panel backs letting staffers have guns in Statehouse
Legislative employees could carry guns as they go about their duties at the Indiana Statehouse under a National Rifle Association-backed measure that is advancing.
Women reach plea deals in prostitution case involving teen
Three Indianapolis women, including a guardian, have reached plea agreements with prosecutors in connection with prostitution-related charges involving a teenage girl.
Revised Trump travel ban blocked by 2 courts
President Donald Trump’s revised travel ban has suffered another federal court setback after a judge in Maryland rejected a revised measure that bans travel targeting six predominantly Muslim countries.
Young wants to fill Indiana seats on federal courts quickly
With the deadline passed to apply for openings in the federal courts in Indiana, Sen. Todd Young’s office says it wants to move quickly to select candidates to fill the positions.
CIB ordered to give deposition in IRS-Simon lawsuit over Pacers deal
Indianapolis' Capital Improvement Board has failed in its effort to avoid getting entangled in a legal dispute between the IRS and Mel Simon’s widow stemming from Mel’s sale of his half of the Indiana Pacers to his brother Herb in 2009.
Opinions March 15, 2017
Indiana Court of Appeals
Virginia E. Mourning v. Allison Transmission, Inc.
49A02-1608-MI-1822
Miscellaneous. Reverses the Marion Superior Court’s grant of Allison Transmission Inc.’s Trial Rule 12(C) motion for judgment on the pleadings on Virginia Mourning’s claims of tortious interference with an employment contract and defamation. Finds Mourning sufficiently pleaded her defamation claim, but not her tortious interference claim. Remands to give Mourning an opportunity to amend her complaint once as of right under Trial Rule 15(A).
COA rejects ineffective counsel claim based on judge’s sentencing practices
A man who pleaded guilty to child molesting cannot prove that he received ineffective assistance of trial counsel, the Indiana Court of Appeals held Wednesday, but the post-conviction court must still address the issue of whether his plea was voluntary.
Judicial Conference recommends new judgeship for Indiana’s Southern District
A new permanent judgeship for the U.S. District Court for the Southern District of Indiana is among the Judicial Conference of the United States’ recommendations to Congress for the creation of nearly five dozen new judgeships across the country.
Woman may amend tortious interference claim against Allison Transmission
A woman who alleges that an Indianapolis company contributed to her employment termination may continue her defamation claim against the company and amend her tortious interference claim pursuant to Indiana trial rules, the Indiana Court of Appeals has ruled.
Supreme Court seeks feedback on proposed rules amendments
The Indiana Supreme Court is seeking feedback on proposed changes to judicial rules from Hoosier legal professionals and members of the public.
Admission and discipline rules amended to allow temporary law licenses
A recent amendment to Indiana Rules for Admission to the Bar and the Discipline of Attorneys has created a new pathway for attorneys admitted to practice in other states to gain a temporary law license in Indiana.
Suspended judge gets probation for shoving police chief
A suspended eastern Indiana city court judge has been placed on probation for shoving a police chief who also is his nephew.
Police chasing thousands of tips in killing of 2 girls
A month after two teenage girls were found slain after vanishing during a northern Indiana hiking trip, investigators said Tuesday they continue following up on thousands of tips that have led officers to interview more 300 people for possible involvement in the case.
Murder charges dropped against Gary woman after years in jail
Charges have been dropped against a Gary woman who has been in jail for more than four years accused of arranging the death of a business associate.
Indiana man accused of spreading HIV sentenced to prison
A Terre Haute man accused of spreading HIV has been ordered to serve 20 years in prison.