COA: History of domestic violence in home supports CHINS adjudication
A mother who has been both a “victim and perpetrator” of domestic violence has failed to convince the Court of Appeals of Indiana that her children aren’t CHINS.
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Opinions Nov. 29, 2022
Court of Appeals of Indiana
In the Matter of Ar.B., At.B., and As.B., Minor Children Alleged to be Children in Need of Services; K.S. (Mother) v. Indiana Department of Child Services
22A-JC-672
Juvenile CHINS. Affirms the adjudication of mother K.S.’s children, Ar.S., At.S. and As.S., as children in need of services. Finds the evidence is sufficient to support the CHINS finding. Also finds K.S. waived her challenge to the timeliness of the dispositional hearing.
AG asks Indiana Supreme Court to hear COVID case against Ball State
The Indiana attorney general wants the Indiana Supreme Court to weigh in on a lawsuit that seeks punitive damages for COVID-related college campus closures.
Suspect in Delphi teen killings seeks new location for trial
A suspect in the 2017 deaths of two Delphi teenagers is seeking a new location for his murder trial next year, arguing it will be difficult to form an impartial jury in the current location because of intense public scrutiny and media attention.
Exasperated 7th Circuit reverses block on Indiana’s fetal disposition law
In an outright reversal, the 7th Circuit Court of Appeals has upheld Indiana’s law requiring fetal remains to be buried or cremated and chastised the Indiana Southern District Court for blocking the statute in the first place.
Northern IN men face Capitol riot charges; 1 accused of striking officer with flagpole
A northern Indiana man and his nephew are the most recent Hoosiers to be criminally charged in connection with the Jan. 6, 2021, riot at the U.S. Capitol.
Fort Wayne man gets life in prison for dismemberment death
A Fort Wayne man was sentenced to life in prison Monday for killing and dismembering a man last year.
Judge rejects plea for alleged northern IN barn fire accomplice
A judge rejected a plea agreement Monday for a woman accused of helping her boyfriend set fire to several northern Indiana barns, citing her plea deal’s lack of prison time.
Letter: ‘Nothing to suggest’ Alito violated ethics standards
The U.S. Supreme Court said Monday in a letter to Congress that there is “nothing to suggest” that Justice Samuel Alito violated ethics standards following a report that a 2014 decision he wrote was leaked in advance of its announcement.
High court opening its doors to public on nonargument days
The U.S. Supreme Court is making a fuller reopening to the public following more than 2½ years of closures related to the coronavirus pandemic.
Supreme Court sympathetic to group convicted in NY scandal
The U.S. Supreme Court seemed ready Monday to side with a onetime top aide to ex-New York Gov. Andrew Cuomo and others convicted of corruption related to an upstate economic development project dubbed the Buffalo Billion.
Favre asks to be dismissed from Mississippi welfare lawsuit
Retired NFL quarterback Brett Favre is asking to be removed from a lawsuit by the state of Mississippi that seeks to recover millions of dollars in misspent welfare money that was intended to help some of the poorest people in the U.S.
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Indiana Supreme Court grants transfer to fight over roof repair
| IL Staff
A dispute involving a roof repair that led to a breach of contract claim and a counterclaim alleging a violation of the Indiana Deceptive Consumer Sales Act is headed for the Indiana Supreme Court after the justices granted transfer to the case.
Opinions Nov. 28, 2022
Court of Appeals of Indiana
Nickalas James Kedrowitz v. State of Indiana
22A-CR-457
Criminal. Affirms Nickalas Kedrowitz’s convictions of two counts of murder and his sentence to an aggregate of 100 years. Finds the juvenile court did not abuse its discretion in finding Kedrowitz competent to stand trial or in waiving jurisdiction. Also finds the Ripley Circuit Court had jurisdiction to hear the case following a valid waiver by the juvenile court. Finally, finds the trial court did not abuse its discretion in sentencing Kedrowitz, his sentence is not inappropriate in light of the nature of his offenses and his character, and he has not made cognizable challenges pursuant to Article 1, Sections 16 and 18 of the Indiana Constitution.
COA uses Supreme Court’s silence since Wadle in rejecting double jeopardy appeal
In considering the appeal from a woman convicted in the death of her boyfriend, the Court of Appeals of Indiana continued to wrestle with the fallout of Wadle v. State, which overturned the long-used test for resolving substantive double jeopardy claims.
7th Circuit denies Kokomo man relief in sextortion case
A northern Indiana man involved in a sextortion scheme involving “many” individuals online, including minors, has failed to convince the 7th Circuit Court of Appeals that his constitutional rights were violated during an investigation by the FBI.
COA upholds murder convictions, 100-year sentence for teen convicted in siblings’ suffocation deaths
An Indiana teen convicted in adult court of killing two of his younger siblings has failed to convince the Court of Appeals of Indiana to toss his murder convictions or his 100-year sentence.
Gary man awarded $25.5M in lawsuit against ex-cop, Hammond
A federal jury has awarded a Gary man $25.5 million in his lawsuit alleging that a now-retired police officer violated his civil rights and deprived him of a fair trial in a case involving a 1980 rape and robbery.
Ex-Elkhart doctor gets 1 year for sexual battery of patients
A former northern Indiana doctor has been sentenced to one year in jail after admitting that he sexually battered two patients during examinations.
