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Opinions June 28, 2022

June 28, 2022

Court of Appeals of Indiana
In re the Termination of the Parent-Child Relationship of R.O. and R.D. (Minor Children) and C.D. (Mother) and E.O. (Father) C.D. (Mother) and E.O. (Father) v. Indiana Department of Child Services (mem. dec.)
21A-JT-1608
Juvenile termination. Affirms the termination of C.D. and E.O.’s parental rights to their children, R.O. and R.D. Finds the Hancock Superior Court did not err in determining a reasonable probability exists that the conditions resulting in the children’s removal and continued placement outside the home will not be remedied. Finds no due process violations.

Transfer granted in six child sex abuse deposition cases

June 28, 2022 | IL Staff

Indiana Supreme Court justices granted transfer in six cases last week all addressing whether child sex abuse victims can be ordered for deposition in light of a state statute the Court of Appeals of Indiana has repeatedly held violates the Indiana Rules of Trial Procedure.

48 migrants die after trailer abandoned in Texas heat

June 28, 2022 | Associated Press

Forty-eight people died after being abandoned in a tractor-trailer in the sweltering Texas heat, one of the worst tragedies to claim the lives of migrants smuggled across the border from Mexico to the U.S. Sixteen people were hospitalized, including four children.

Abortion battles in state courts after Supreme Court ruling

June 28, 2022 | Associated Press

Abortion bans were temporarily blocked in Louisiana and Utah, while a federal court in South Carolina said a law sharply restricting the procedure would take effect there immediately as the battle over whether women may end pregnancies shifted from the nation’s highest court to courthouses around the country.

Cook Group sued for ‘unreasonably high fees’ in 401(k) plan

June 27, 2022 | John Russell, Indianapolis Business Journal

Cook Group, the Bloomington-based maker of medical devices, is being sued by a participant of its 401(k) retirement plan, who claims the plan charged unreasonably high fees, cutting the value of the retirement benefits.

Federal judge orders Vigo Co. schools to allow transgender boys to use gender-affirming facilities

June 27, 2022 | Jordan Morey

A federal judge has ordered the Vigo County School Corp. to allow two transgender students attending Terre Haute North Vigo High School to use their gender-affirming bathrooms and locker rooms.

Dueling protests show deep divide over Dobbs ruling

June 27, 2022 | Marilyn Odendahl

The dueling rallies on the Indiana Statehouse lawn one day after the U.S. Supreme Court issued the ruling that overturned Roe v. Wade provided a glimpse into the divide over abortion as well as starkly differing views of what a post-Roe America will be like. On one issue both sides seemed to agree: The Indiana General Assembly will soon be enacting more restrictions, if not a total ban, on abortion.

Judge’s comment doesn’t require reversal of 15-year sentencing enhancement, COA rules

June 27, 2022 | Katie Stancombe

Despite a judge’s comment that a defendant “dodged a bullet” in avoiding a murder conviction, the St. Joseph County man cannot avoid a 15-year sentencing enhancement on his conviction of reckless homicide with the use of a firearm, the Court of Appeals of Indiana has concluded.

Opinions June 27, 2022

June 27, 2022

Anthony Malone v. State of Indiana
21A-CR-2380
Criminal. Affirms Anthony Malone’s aggregate 21-year sentence for reckless homicide, a Level 5 felony, and an enhancement for the use of a firearm in the commission of the offense. Finds the St. Joseph Superior Court did not abuse its discretion at sentencing. Also finds Malone’s sentence is not inappropriate.

 

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Indiana Bar Foundation celebrates Justice David, milestones at inaugural annual meeting

June 27, 2022 | Katie Stancombe

More than 120 attorneys and judicial officers gathered at the BASH venue in Carmel on June 24 to celebrate the Indiana Bar Foundation’s civic education milestones and civil legal assistance during its inaugural Annual Meeting and Awards Luncheon.

COA: Volunteered evidence shouldn’t be suppressed despite officer’s Miranda violation

June 27, 2022 | Jordan Morey

The Court of Appeals of Indiana has reversed an order to suppress drug evidence found after a Miranda violation, finding state and federal constitutions don’t require suppression of the physical fruits of evidence obtained through the violation after the suspect volunteered the information.

Armed robber loses appeal of conviction, sentence

June 27, 2022 | Olivia Covington

A man convicted of one armed robbery based in part on his ties to another potential robbery has failed to secure relief from either his conviction or sentence.

U.S. Supreme Court sides with coach who sought to pray after game

June 27, 2022 | Associated Press

The U.S. Supreme Court on Monday sided with a football coach from Washington state who sought to kneel and pray on the field after games.

U.S. Supreme Court rules for inmates seeking reduced prison terms

June 27, 2022 | Associated Press

The U.S. Supreme Court made it easier Monday for certain prison inmates to seek shorter sentences under a bipartisan 2018 federal law aimed at reducing racial disparities in prison terms for cocaine crimes.

Roe ruling shows complex relationship between court, public

June 27, 2022 | Associated Press

The Supreme Court ruling to overturn its 1973 Roe v. Wade decision is unpopular with a majority of Americans — but did that matter?

Biden signs landmark gun measure, says ‘lives will be saved’

June 27, 2022 | Associated Press

President Joe Biden on Saturday signed the most sweeping gun violence bill in decades, a bipartisan compromise that seemed unimaginable until a recent series of mass shootings, including the massacre of 19 students and two teachers at a Texas elementary school.

Indiana Oath Keeper member indicted on Capitol riot charges

June 27, 2022 | Associated Press

A federal grand jury in Washington, D.C., has indicted an Indianapolis member of the far-right Oath Keepers militia group with conspiracy and other charges for his role in the Jan. 6, 2021, riot at the U.S. Capitol.

Whiting man gets 180 years for killing woman, 2 teens in ’98

June 27, 2022 | Associated Press

A judge sentenced a Lake County man Friday to 180 years in prison for killing a woman and two teenage boys found bludgeoned to death in 1998 in a house in northwest Indiana.

Juul can keep selling e-cigarettes as court blocks FDA ban

June 27, 2022 | Associated Press

Juul can continue to sell its electronic cigarettes, at least for now, after a federal appeals court on Friday temporarily blocked a government ban.

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In This Issue

  • What if ICE comes calling? Attorneys inundated with questions

  • Hamilton County plans $65M government center expansion for more courts

  • Art project depicts Indiana’s 92 county courthouses

Most Read
  • Former credit union manager indicted on fraud charges

  • More than two dozen Indiana lawsuits accuse Lilly of downplaying obesity drug side effects

  • Delphi killer Richard Allen transferred to Oklahoma facility 

  • What if ICE comes calling? Attorneys inundated with questions

  • Indianapolis liquor stores lose permits after accusations of forged documents

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