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Opinions Aug. 10, 2022

Court of Appeals of Indiana
Hipolito Ramirez Martinez v. State of Indiana
21A-CR-2797
Criminal. Affirms Hipolito Martinez’s convictions of two counts of Level 1 felony child molesting. Finds the Tippecanoe Superior Court did not err in granting the jury’s request to review victim K.R.’s testimony. Also finds the trial court did not abuse its discretion in denying Martinez’s mistrial motion. Finally, finds the trial court did not err in denying the state’s request to have Martinez classified as a credit-restricted felon.

COA denies appeal, cross-appeal in stepdad’s child molesting case

| Jordan Morey

A convicted child molester has failed to convince the Court of Appeals of Indiana that a mistrial should’ve been granted in his case due to an errant PowerPoint slide and the replaying of his victim’s testimony to the jury. However, the appellate court also denied a cross-appeal by the state challenging the denial of its request to classify the man as a credit-restricted felon.

Opinions Aug. 9, 2022

Court of Appeals of Indiana
Tabetha Smith v. Shawn Smith
21A-DC-2820
Domestic relations with children. Affirms and reverses in part the division of property in the dissolution of the marriage of Tabetha Smith and Shawn Smith. Finds the Marion Superior Court’s valuation, method of distribution and consideration of the tax consequences were well within its discretion. Also finds the trial court erred by failing to award either survivor’s benefits or protection of Tabetha’s portion of Shawn’s Indiana Public Retirement System pension benefits through other means, such as life insurance. Remands for further proceedings. 

Special election to replace Rep. Walorski scheduled for Nov. 8

| IL Staff

The special election to fill the now-vacant congressional seat in Indiana’s 2nd District following the death of Congresswoman Jackie Walorski will coincide with the Nov. 8 general election, and the candidates to finish out her term will be announced by the end of the month.

FBI searches Trump’s Florida estate for classified records

| Associated Press

The FBI searched Donald Trump’s Mar-a-Lago estate as part of an investigation into whether he took classified records from the White House to his Florida residence, people familiar with the matter said, a dramatic and unprecedented escalation of law enforcement scrutiny of the former president.

Father, son get life for hate crime in Ahmaud Arbery’s death

| Associated Press

The white father and son who chased and killed Ahmaud Arbery in a Georgia neighborhood each received a second life prison sentence Monday — for committing federal hate crimes, months after getting their first for murder — at a hearing that brought a close to more than two years of criminal proceedings.

Gabby Petito’s family files claim alleging police failed her

| Associated Press

Nicole Schmidt vividly remembers the pain she felt watching body camera footage of her daughter Gabby Petito sobbing while Utah police officers questioned her about a fight with her boyfriend. The officers’ actions that day are the center of a wrongful death lawsuit that the Petito family announced Monday they plan to file against Moab, arguing the officers’ failed to recognize their daughter was in a life-threatening situation last year and in need of help.