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Opinions May 26, 2016

Indiana Court of Appeals
John Doe #1, et al. v. Indiana Department of Child Services
49A02-1506-CT-682
Civil tort. Reverses and remands summary judgment in favor of Indiana Department of Child Services after court found in a 2-1 decision DCS had the duty under common law to protect the identity of a caller who reported children as being in need of services. Chief Judge Nancy Vaidik dissents, noting she doesn’t think the code which DCS broke by identifying him supplies a private right of action.  

COA upholds adoption venue transfer

The Indiana Court of Appeals upheld transfer of an adoption petition from Greene to Monroe County Circuit Court, ruling Monroe was the preferred venue because of other cases related to the petition that also were happening there.

COA: Man did not have expectation of privacy after he was tracked by GPS

Tracking of man by GPS did not violate his Fourth Amendment or Indiana constitutional rights, the Court of Appeals ruled, because he did not have a reasonable expectation of privacy. The appellate court upheld Joseph Sidener's Class C felony burglary conviction and the finding he is an habitual offender.

COA rules DCS has duty to protect caller’s identity

The Indiana Court of Appeals ruled in a 2-1 decision the Indiana Department of Child Services had a duty to protect a man’s identity after he called the DCS hotline and reported his neighbors’ children as children in need of services.

IU challenges part of new abortion restrictions law

The Indiana University board of trustees and three of the school's research officials filed a federal lawsuit Wednesday seeking to block part of the state's new abortion law that bars them from acquiring fetal tissue for scientific purposes.

7th Circuit upholds lifetime supervised release

The 7th Circuit Court of Appeals on Tuesday affirmed a federal judge’s findings and explanations were sufficient to support lifetime supervised release for 66-year-old man in poor health.

Opinions May 25, 2016

Indiana Court of Appeals
Kelly C. Mullen v. State of Indiana
02A05-1511-CR-1959
Criminal. Affirms on interlocutory appeal the denial of Kelly C. Mullen’s motion to suppress evidence of a gun obtained during a search of his person. Rules that the officer who stopped him had sufficient reason, including the increased drug and gun violence in the area, the fact the apartment complex asked the police department to help with loitering issues, and Mullen’s actions during the stop.

Governor: Texas suing over Obama’s transgender directive

The state of Texas is suing the Obama administration over its directive to U.S. public schools to let transgender students use the bathrooms and locker rooms that match their gender identity, Gov. Greg Abbott said Wednesday.

COA: Gun evidence lawfully obtained

In its third Fourth Amendment case in two weeks, the Indiana Court of Appeals ruled evidence obtained during a stop of a man who was loitering around an apartment complex and then left suspiciously was lawfully seized. The judges affirmed the trial court’s denial of his motion to suppress on interlocutory appeal.

IndyCar sues organizers of canceled Boston race

IndyCar has filed a breach-of-contract lawsuit against the organizers of the canceled Grand Prix of Boston, which had been planned for Labor Day weekend this year and again each year through 2020.

Senate report: Illegal immigration costs state $131M

Indiana lawmakers studying the issue of illegal immigration in the state will view a report Wednesday that finds undocumented people will cost the state’s taxpayers $130.7 million this year.