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Opinions June 23, 2022

June 23, 2022

Indiana Supreme Court
Steven Church v. State of Indiana
22S-CR-201
Criminal. Affirms the Marion Superior Court’s denial of Steven Church’s petition pursuant to Indiana Code § 35-40-5-11.5 to obtain a deposition of his alleged child sex abuse victim. Finds the statute is not being retroactively applied to Church and is not a procedural statute that conflicts with Indiana Trial Rules. Also finds the statute is substantive because it predominantly furthers the legitimate public policy objectives within the General Assembly’s exclusive purview. Finally, finds the statute does not violate Church’s constitutional rights under the Indiana or United States constitutions. Justice Christopher Goff concurs in part and in the judgment with separate opinion.

Indiana justices reverse ruling permitting deposition of child sex abuse victims

June 23, 2022 | Katie Stancombe

The Indiana Supreme Court has swiped at a Court of Appeals of Indiana ruling that allowed a defendant accused of child sex crimes to take the deposition of his accuser, concluding that a disputed state statute preventing such depositions does not conflict with the Indiana Trial Rules.

COA reverses new trial order, reinstates jury verdict against YMCA in personal injury case

June 23, 2022 | Jordan Morey

The Court of Appeals of Indiana has reversed the grant of a new trial in a personal injury case involving a local YMCA and has reinstated a jury verdict against the YMCA after it determined the trial court abused its discretion.

COA upholds dismissal of trucking company’s suit against employee in deadly crash

June 23, 2022 | Katie Stancombe

A Kentucky trucking company whose employee died in a fiery explosion while driving through Indiana cannot bring back to life its suit against the man and his wife, who was also in the crash, the Court of Appeals of Indiana has ruled.

Student’s claims of bullying by Roncalli High School football players survives motion to dismiss

June 23, 2022 | Marilyn Odendahl

A lawsuit brought on behalf of a former Roncalli High School student who claims he was bullied and sexually harassed by members of the football team will proceed after a federal court rejected the Archdiocese of Indianapolis’ attempt to get the case dismissed.

AG Rokita supports Martinsville schools in dispute with trans student over restroom policy

June 23, 2022 | Olivia Covington

Indiana Attorney General Todd Rokita is wading into the dispute between a transgender middle school student and the Martinsville school district, arguing a federal judge was wrong to order the school to allow the student to use the restroom aligning with his gender identity.

U.S. Supreme Court rules out suing police for Miranda violations

June 23, 2022 | Associated Press

The U.S. Supreme Court on Thursday ruled that law enforcement officers can’t be sued when they violate the rights of criminal suspects by failing to provide the familiar Miranda warning before questioning them.

1 day left for 2022 Corporate Counsel Guide submissions

June 23, 2022 | IL Staff

There is only one day left to submit company information for the 2022 Indiana Lawyer Corporate Counsel Guide.

U.S. Supreme Court rules for GOP lawmakers in voter ID case

June 23, 2022 | Associated Press

The U.S. Supreme Court gave Republican legislative leaders in North Carolina a win Thursday in an ongoing fight over the state’s latest photo identification voting law.

U.S. Supreme Court strikes New York gun law in major ruling

June 23, 2022 | Associated Press

The U.S. Supreme Court on Thursday struck down a restrictive New York gun law in a major ruling for gun rights.

Man pleads not guilty to trying to kill Justice Kavanaugh

June 23, 2022 | Associated Press

A man who was arrested near U.S. Supreme Court Justice Brett Kavanaugh’s home in Maryland earlier this month pleaded not guilty Wednesday to trying to kill Kavanaugh.

Motocross instructor indicted on federal child porn charges

June 23, 2022 | Associated Press

A motocross instructor who visited states from New York to Indiana to Georgia has been charged with producing child pornography, federal officials said Wednesday.

Man found not responsible for Times Square vehicle rampage

June 23, 2022 | Associated Press

A man who drove his car through crowds of people in Times Square in 2017, killing a young tourist and maiming helpless pedestrians, was cleared of responsibility Wednesday because of mental illness.

Lawsuit filed on behalf of man who died telling IMPD officers, ‘I can’t breathe’

June 22, 2022 | Marilyn Odendahl

An Indianapolis family is suing the city of Indianapolis and six of its police officers, claiming the officers used “unreasonable, excessive, and deadly” force against their son as he was handcuffed, lying on the ground and repeatedly telling them, “I can’t breathe.”

Medical billing software provider negligent in failing to preserve contracted product in spoliation suit, COA affirms

June 22, 2022 | Katie Stancombe

A complaint brought by a now-defunct medical billing business against a company it hired to craft a software program was properly dismissed as a sanction for spoliation of evidence, the Court of Appeals of Indiana has ruled.

COA affirms juvenile’s placement in DOC following exhaustion of ‘all reasonable efforts’

June 22, 2022 | Katie Stancombe

The Court of Appeals of Indiana has affirmed the placement of a Porter County juvenile in the Indiana Department of Correction following the failure of numerous and intensive rehabilitation efforts and lesser restrictive placements.

7th Circuit delays removal of Ethiopian immigrant at risk of torture in homeland

June 22, 2022 | Marilyn Odendahl

The 7th Circuit Court of Appeals has temporarily halted the removal of an Indiana immigrant to Ethiopia after it found credible his fear of torture if he is returned to the African country.

Reversal: Danville officer violated woman’s Fourth Amendment rights during traffic stop

June 22, 2022 | Jordan Morey

A Danville police officer who conducted a dog sniff during a traffic stop violated a woman’s Fourth Amendment rights, the Court of Appeals of Indiana has concluded, reversing the denial of her motion to suppress.

Opinions June 22, 2022

June 22, 2022

Court of Appeals of Indiana
Synergy Healthcare Resources, LLC v. Telamon Corporation
22A-PL-121
Civil plenary. Affirms the Lake Superior Court’s dismissal of Synergy Healthcare Resources LLC’s complaint against Telamon Corporation as a sanction for spoliation of evidence. Finds the trial court did not abuse its discretion.

Holcomb calls lawmakers back into session to consider $1B in refunds

June 22, 2022 | Indianapolis Business Journal Staff

Gov. Eric Holcomb said Wednesday he is calling lawmakers back to the Indiana Statehouse on July 6 to consider his plan to send $1 billion in refunds to Indiana taxpayers.

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In This Issue

  • Will Trump’s interest in reclassifying marijuana push Indiana toward legalization?

  • Legislators take closer look at medical debt protections

  • Global law firm ups competition for Indiana casino clients

Most Read
  • Former credit union manager indicted on fraud charges

  • Two attorneys suspended for failing to cooperate with state disciplinary commission

  • Disciplinary case against AG Todd Rokita is taking some ‘uncommon’ turns

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

  • Dustin Houchin: Taking a closer look at questions of justice and mercy

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