IndyBar: President’s Message
| Rebecca Geyer and From IndyBar
I am an extrovert and most of my life is an open book, but there is one topic in my life I was raised to be cautious to speak about, and that is my faith. I am Jewish.
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Juvenile incarceration trending down: Attorneys point to fewer arrests, more diversion
Youth incarceration in Indiana has been on a steady decline for years, with experts in the legal field pointing to an emphasis on diversion and other patterns in youth behavior more generally as explanations for the downward trend.
Opinions Oct. 24, 2023
Court of Appeals of Indiana
In Re: The Termination of the Parent-Child Relationship of C.C. and De.C. (Minor Children); D.C. (Mother) v. The Indiana Department of Child Services, and Kids’ Voice of Indiana
23A-JT-848
Juvenile termination of parental rights. Reverses the Marion Superior Court’s orders terminating D.C.’s parental relationships with her children. Finds the orders terminating the mother’s parental rights were void for lack of personal jurisdiction because the Indiana Department of Child Services did not properly serve the mother. Remands for further proceedings.
Notre Dame Law Exoneration Justice Clinic secures 2nd round of DOJ funding
| IL Staff
Notre Dame Law School’s Exoneration Justice Clinic has secured another grant from the Bureau of Justice Assistance at the U.S. Department of Justice.
Termination of mother’s rights reversed for insufficient service
Orders terminating a mother’s parental rights were void for lack of personal jurisdiction because the Indiana Department of Child Services didn’t properly serve the mother, the Court of Appeals of Indiana has ruled.
COA again declines to order recusal of Elkhart Co. judge in post-conviction proceedings
The Court of Appeals of Indiana has once again declined to order an Elkhart County judge to recuse herself from a post-conviction case based on allegations of prejudice stemming from previous wrongful-conviction proceedings.
States sue Meta, claiming its social platforms are addictive, harm children’s mental health
Dozens of states including Indiana are suing Meta Platforms Inc. for harming young people’s mental health and contributing to the youth mental health crisis by knowingly designing features on Instagram and Facebook that addict children to the platforms.
Jenna Ellis becomes latest Trump lawyer to plead guilty over efforts to overturn Georgia’s election
Attorney and prominent conservative media figure Jenna Ellis pleaded guilty on Tuesday to a felony charge over efforts to overturn Donald Trump’s 2020 election loss in Georgia, tearfully telling the judge she looks back on that time with “deep remorse.”
Judicial Nominating Commission certifies 4 senior judges, recertifies 21 others
| IL Staff
The Indiana Judicial Nominating Commission has certified four new senior judges and recertified 21 others.
Republicans pick Tom Emmer as nominee for House speaker as they try for 3rd time
Republicans picked Rep. Tom Emmer as their nominee for House speaker on Tuesday, as they try for a third time to fill the top leadership position and get Congress back to work.
Sen. Menendez enters not guilty plea to a new conspiracy charge
U.S. Sen. Bob Menendez returned to Manhattan federal court Monday to challenge a new criminal charge alleging that he conspired to act as an agent of the Egyptian government when he chaired the Senate Foreign Relations Committee.
Michael Cohen, Trump’s ex-fixer, takes stand against him at New York civil fraud trial
Five years after publicly turning on Donald Trump, his former fixer Michael Cohen faced off with him Tuesday at the civil fraud trial that threatens to upend the ex-president’s real estate empire.
New performance report cards go live on each Indiana school’s website, replacing A-F grades
To increase transparency around Indiana students’ education performance, new report cards issued by the state education department are now required to be posted on nearly every Hoosier school’s website.
Opinions Oct. 23, 2023
Court of Appeals of Indiana
Richard Dolsen Jr. v. VeoRide Inc.
23A-CT-945
Civil tort. Reverses the Allen Superior Court’s entry of summary judgment in VeoRide’s favor. Finds that genuine issues of material fact exist regarding whether VeoRide’s failure to warn Richard Dolsen of the condition and the risk involved was a breach of duty and a failure to exercise reasonable care under the circumstances pursuant to Restatement Section 342(b). Remands for further proceedings.
Questions over company’s duty to warn firefighter leads to COA reversal of summary judgment
There were genuine issues of material fact concerning a Fort Wayne firefighter’s complaint against an electric scooter company for failing to warn him about a gap in a wall, the Court of Appeals of Indiana ruled Monday.
COA affirms man’s murder, attempted murder convictions, finds no reversible error committed in admitting exhibits over hearsay objections
Text messages and rap lyrics introduced over a man’s hearsay objections were admissible and there was sufficient evidence for his murder and attempted murder convictions and 143-year aggregate sentence, the Court of Appeals of Indiana ruled Monday.
State wins restraining order against Fishers attorney for alleged Ponzi scheme
A Hamilton County judge has granted the state’s motion for an emergency temporary restraining order against a Fishers attorney who allegedly defrauded people in a Ponzi scheme related to securities.
NAWJ conference brings judges, law students to Indianapolis
There were about 200 attendees, including dozens of international judges, at the 2023 National Association of Women Judges annual conference in Indianapolis earlier this month.
This procedure is banned in the US. Why is it a hot topic in fight over Ohio’s abortion amendment?
With Election Day closing in, anti-abortion groups seeking to build opposition to a reproductive rights measure in Ohio are messaging heavily around a term for an abortion procedure that was once used later in pregnancy but isn’t legal in the U.S.
