Split Supreme Court reinstates convictions based on invited error
Finding no fundamental error, a split Indiana Supreme Court has reinstated a man’s multiple convictions that resulted in a nearly 50-year sentence.
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COA upholds involuntary mental health commitment
A man who challenged his involuntary mental health commitment after he had already been released failed to convince the Court of Appeals of Indiana that he shouldn’t have been held against his will.
SCOTUS limits 2020 ruling on tribal lands in Oklahoma
The U.S. Supreme Court ruled on Wednesday that Oklahoma can prosecute non-Native Americans for crimes committed on tribal land when the victim is Native American.
SCOTUS justices say vet who lost job as Texas trooper can sue state
The U.S. Supreme Court on Wednesday allowed a former state trooper to sue Texas over his claim that he was forced out of his job when he returned from Army service in Iraq.
Lafayette woman gets 55 years in 3-year-old’s beating death
A northwestern Indiana woman convicted of murder in the beating death of her 3-year-old son was sentenced Tuesday to 55 years in prison.
In flurry of court activity, rulings on abortion bans mixed
A federal court Tuesday allowed Tennessee to ban abortions as early as six weeks into pregnancy, while in Texas — which is already enforcing a similar ban based on an embryo’s cardiac activity — a judge temporarily blocked an even stricter decades-old law from taking effect.
Former aide: Trump was told protesters had weapons on Jan. 6
Cassidy Hutchinson, a key aide in Donald Trump’s White House, told the House committee investigating the violent Jan. 6, 2021, insurrection on Tuesday that Trump was informed that the supporters he addressed that morning had weapons but he told officials to “let my people in” and march to the Capitol.
AG Rokita asks court to lift multiple abortion injunctions following Dobbs decision
| IL Staff
Days after Roe v. Wade was overturned by the U.S. Supreme Court in Dobbs v. Jackson Women’s Health Organization, Indiana Attorney General Todd Rokita is asking the U.S. District Court for the Southern District of Indiana to lift multiple injunctions against state abortion laws.
Harrison Presidential Site hosting annual naturalization ceremony, Independence Day Social
The Benjamin Harrison Presidential Site in Indianapolis will start the Fourth of July holiday weekend by hosting a naturalization ceremony, marking the 20th year the former Hoosier president’s home has welcomed new American citizens.
Opinions 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
| 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
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
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
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
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
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
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
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
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.