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Opinions June 6, 2022

June 6, 2022

Court of Appeals of Indiana
Charles C. Hadden v. State of Indiana (mem. dec.)

21A-IF-2846
Infraction. Affirms Charles Hadden’s traffic citation for speeding in a worksite while workers were not present. Finds that Hadden’s traffic citation was enforceable and that Hadden was not prejudiced by a deputy prosecutor’s failure to file an appearance.

IN Supreme Court to hear immigration, breach of contract, eminent domain issues

June 6, 2022 | IL Staff

Lake County cases involving immigration welcoming ordinances, a dentist’s breach of contract allegations and an eminent domain dispute will all come before the Indiana Supreme Court during oral arguments this week.

Justices grant transfer in disputed energy utility case, deny nine others

June 6, 2022 | IL Staff

Indiana Supreme Court justices granted transfer to one case last week regarding a dispute that resulted in a reversal for several environmental groups against a southern Indiana electric company.

Indiana man gets 40 years in 1-year-old son’s fatal shooting

June 6, 2022 | Associated Press

A northern Indiana man was sentenced to 40 years in prison on child neglect charges stemming from the shooting death of his 1-year-old son by the boy’s 4-year-old sibling.

3 arrested after Indiana post-graduation shooting wounds 2

June 6, 2022 | Associated Press

Three people were taken into custody following a Sunday shooting that wounded two people shortly after a graduation ceremony in northwestern Indiana, police said.

Source: Whitmer, McConnell, Evers on Wisconsin gunman’s list

June 6, 2022 | Associated Press

A gunman suspected of fatally shooting a retired county judge at a Wisconsin home had a list that included Michigan Gov. Gretchen Whitmer, Senate Minority Leader Mitch McConnell and Wisconsin Gov. Tony Evers, Whitmer’s office and a law enforcement source said Saturday.

In historic shift, far fewer teens face adult US courts

June 6, 2022 | Associated Press

Data reported to the FBI each year by thousands of police departments across the country shows the percentage of youths taken into custody who were referred to adult courts has dropped from 8% in 2010 to 2% in 2019. Instead, more teenagers are being sent to juvenile courts or community programs that steer them to counseling, peer mediation and other services aimed at keeping them out of trouble.

IN Supreme Court agrees with Holcomb in ruling special session law is unconstitutional

June 3, 2022 | Marilyn Odendahl

A unanimous Indiana Supreme Court has found HEA 1123, the controversial law allowing the Legislature to call itself into special session, violates the state’s constitution, handing Gov. Eric Holcomb a victory in a fight with the legislators that was ignited by the restrictions implemented during the worst of the COVID-19 pandemic.

Opinions June 3, 2022

June 3, 2022

Court of Appeals of Indiana
Jacqueline Kristen Dennis (Darbo) v. Gary Clyde Dennis
22A-DR-345
Domestic relations. Reverses the denial of the petition filed by Jacqueline Dennis (Darbo) asking the dissolution court to appoint a commissioner to execute a quitclaim deed or to declare the judgment lien her ex-husband held on the marital home to be satisfied and released. Finds the Hamilton Superior Court “understandably but mistakenly” relied on “the termination rule” and opinions describing the rule to conclude it lacked jurisdiction in this case. Finds the trial court does not lack jurisdiction to rule on Darbo’s petition. Remands.

COA: Death of ex-spouse does not end trial court’s jurisdiction

June 3, 2022 | Marilyn Odendahl

The Court of Appeals of Indiana is allowing a woman to pursue the quitclaim deed her former husband had promised after the trial court stopped the proceeding and concluded it no longer had jurisdiction to address the matter because the ex-husband died.

Southern District offering free training session on representing domestic violence victims

June 3, 2022 | IL Staff

The U.S. District Court for the Southern District of Indiana will host an in-person and virtual training session next month for lawyers interested in receiving training on modest means and pro bono representation of domestic violence victims.

Martinsville man sentenced to 15 years for trafficking child sex abuse material

June 3, 2022 | IL Staff

A Martinsville man has been handed a 15-year sentence in federal prison for trafficking child sex abuse material, the U.S. Attorney’s Office for the Southern District of Indiana and Federal Bureau of Investigation Indianapolis announced Thursday.

Judge Cummins assumes Johnson Superior Court 3 duties

June 3, 2022 | IL Staff

Judge Douglas B. Cummins assumed duties as judge of Johnson Superior Court 3 on Tuesday after the Indiana Supreme Court revoked the pro tempore appointment of Senior Judge Jeffrey C. Eggers.

Biden appeals for tougher gun laws: ‘How much more carnage?’

June 3, 2022 | Associated Press

Speaking at the White House on Thursday night, President Joe Biden acknowledged the stiff political headwinds as he sought to drive up pressure on Congress to pass stricter gun limits after such efforts failed following past attacks.

Democrats, Republicans fight to a redistricting stalemate

June 3, 2022 | Associated Press

After nearly a year of partisan battles, number-crunching and lawsuits, the once-a-decade congressional redistricting cycle is ending in a draw.

Governors diverge on gun control, school security efforts

June 3, 2022 | Associated Press

As the U.S. mourns the victims of its latest mass shooting — 19 elementary school students and two teachers gunned down in Texas — Democratic governors are amplifying their calls for greater restrictions on guns. Many Republican governors are emphasizing a different solution: more security at schools.

 

Ex-Pence aide seeks Indiana elections office that fired him

June 3, 2022 | Associated Press

A former Mike Pence aide seeking to oust Indiana’s Republican secretary of state is embracing Donald Trump’s lie that the 2020 election was stolen while also fending off criticism about twice leaving jobs in that office after being written up for poor job performance.

Opinions June 2, 2022

June 2, 2022

Court of Appeals of Indiana
Joseph L. Wilson v. State of Indiana
21A-CR-2308
Criminal. Affirms the denial of Joseph L. Wilson’s motion to modify his sentence. Finds Wilson has not demonstrated that the Jay Circuit has authority to modify his sentence while he is on parole.

COA: Parole not part of sentence modification statute, trial court lacked authority to modify to probation

June 2, 2022 | Jordan Morey

An Indiana man’s request to modify his sentence to probation instead of parole has been denied by the Court of Appeals of Indiana, as it concluded the trial court didn’t have authority to make the change.

COA to hear arguments in 3 cases Tuesday

June 2, 2022 | IL Staff

The Court of Appeals of Indiana is preparing to hear arguments in cases involving solar farms, imminent domain and insurance coverage next week.

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In This Issue

  • Will U.S. Supreme Court hear request to overturn landmark decision on same-sex marriage?

  • Fort Wayne end-of-life doula tests bounds of Indiana’s funeral laws

  • New Notre Dame program helps first-year law students

Most Read
  • Howard County judge permanently banned from judicial service

  • Indiana attorney Zuckerberg sues Meta over accusations he’s impersonating Facebook founder

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

  • Will U.S. Supreme Court hear request to overturn landmark decision on same-sex marriage?

  • State judiciary is considering alternative exam for bar admission

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