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Opinions Sept. 7, 2022

September 7, 2022

Court of Appeals of Indiana
American Freedom Insurance Company v. Marc Hires and Dennis Kellams (mem. dec.)
22A-CT-539
Civil tort. Affirms the denial of declaratory relief for American Freedom Insurance Company, which had sought a declaration that it had properly voided its entire contract with Marc Hires and that it owed no duty to indemnify Hires or Dennis Kellams, who was struck by Hires’ vehicle. Finds the judgment is not clearly erroneous.

2 Indy attorneys suspended

September 7, 2022 | IL Staff

Two Indianapolis attorneys have been handed suspensions by the Indiana Supreme Court.

Indiana softball coach gets 30 years for molesting girl, 13

September 7, 2022 | Associated Press

A northern Indiana softball coach faces a 30-year prison sentence after pleading guilty to molesting a 13-year-old girl who had played on one of his travel teams.

Rokita announces $15 million settlement with Frontier Communications

September 7, 2022 | Mary Roberts, Inside Indiana Business

Indiana Attorney General Todd Rokita has announced that the state has reached a $15 million settlement with Frontier Communications to ensure residents receive the internet services they paid for.

Former Elkhart officer pleads guilty to beating prisoner

September 7, 2022 | Associated Press

A former northern Indiana police officer has pleaded guilty to beating a prisoner who was handcuffed to a chair.

No longer young, ‘dreamers’ uneasily watch a legal challenge

September 7, 2022 | Associated Press

“Dreamers,” long a symbol of immigrant youth, are increasingly easing into middle age as eligibility requirements have been frozen since 2012, when the Deferred Action for Childhood Arrivals program was introduced.

Steve Bannon expects to face new criminal charge in NY

September 7, 2022 | Associated Press

Steve Bannon, a longtime ally of former President Donald Trump, said Tuesday that he expects to be charged soon in a state criminal case in New York City.

Indiana will tax loan forgiveness, similar to other states

September 6, 2022 | Associated Press

Indiana will tax student debt relief as income, reflecting similar policies in other U.S. states following the Biden administration’s announcement of a forgiveness plan last month.

Barnes & Thornburg grows East Coast presence with new offices in New Jersey, Philadelphia

September 6, 2022 | Marilyn Odendahl

Indianapolis-based Barnes & Thornburg LLP is growing its complex litigation and life sciences practices with the openings of new offices in Philadelphia and Morristown, New Jersey, marking the firm’s latest expansion on the East Coast.

Father allowed limited contact with teen son despite protective order, COA rules

September 6, 2022 | Katie Stancombe

A father accused of physical abuse against his teenage son can have limited contact with his son despite a protective order after the Court of Appeals of Indiana determined the protective order went too far.

Supreme Court order: Indiana courts must use Odyssey tool in eviction proceedings

September 6, 2022 | IL Staff

The Indiana Supreme Court has amended its requirements on state courts handling eviction proceedings to reflect changes in the court process and resources available to tenants and property owners.

Reversal: Joint custody not supported, trial court must choose which parent will get sole custody

September 6, 2022 | Jordan Morey

The Court of Appeals has reversed a custody arrangement for a feuding couple, ordering the Warrick Circuit Court to choose which parent will have sole custody of their child after concluding the case’s findings did not support the award of joint legal custody.

Opinions Sept. 6, 2022

September 6, 2022

Court of Appeals of Indiana
In Re the Paternity of E.P. (Minor Child) Stephanie A. Mercede Tonevich v. Kasey C. Perkins
22A-JP-57
Juvenile paternity. Reverses the Warrick Circuit Court’s award of joint legal custody of child E.P. to Stephanie Tonevich and Kasey Perkins. Finds the evidence supports the trial court’s findings, but its findings do not support the award of joint legal custody to the parents. Remands with instructions for the trial court to enter an award of sole legal custody to either Tonevich or Perkins. Judge Elizabeth Tavitas concurs with separate opinion.

Richmond officer shot in head moved to hospice

September 6, 2022 | Associated Press

An eastern Indiana police officer who was shot in the head during a traffic stop has been moved to hospice care after being taken off life support at a hospital, her department said.

Judge grants Trump bid for special master in document search

September 6, 2022 | Associated Press

In a victory for former President Donald Trump, a judge granted his request for a special master to review documents seized by the FBI from his Florida home and temporarily halted the Justice Department’s use of the records for investigative purposes.

‘Tragic outcomes’: Mentally ill face fatal risk with police

September 6, 2022 | Associated Press

Time and time again across the U.S., people experiencing mental health crises are being killed by police, but the exact number remains unknown because of a yawning governmental information gap.

Red flag laws get little use as shootings, gun deaths soar

September 6, 2022 | Associated Press

An Associated Press analysis found many U.S. states barely use the red flag laws touted as the most powerful tool to stop gun violence before it happens.

Taft law firm gets long-desired Detroit address through merger with Jaffe

September 4, 2022 | Peter Blanchard, Indianapolis Business Journal and Marilyn Odendahl

Taft Stettinius & Hollister is expanding into the Michigan market through the merger announced today with Jaffe Raitt Heuer & Weiss, the seventh-largest law firm in Detroit.

Rokita: No ‘woke’ criteria allowed in pension investments

September 2, 2022 | Indiana Capital Chronicle

Indiana and its investment managers can’t make government employee pension system investments based on environmental, social or governance criteria, Attorney General Todd Rokita wrote in an advisory opinion released Thursday.

Lawyers crown champion in Indy softball league final

September 2, 2022 | Marilyn Odendahl

As summer prepared to fade into fall, the teams in the Indianapolis lawyers’ softball league spread across the diamond one last time Thursday evening to play for the championship trophy.

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In This Issue

  • New bail legislation aims to weigh due process and public safety

  • Efforts to boost judicial safety gain steam after shooting

  • Appeals court to hear arguments over accidental release of depositional evidence to jury

Most Read
  • Firing squad, gas execution methods move out of Indiana House committee

  • Kokomo couple get a combined 50 years in prison for dealing deadly drugs

  • New habeas corpus strategy is freeing some immigrant detainees

  • Tippecanoe County judge, wife in stable condition after being shot at their home

  • Nominations being accepted for the 2024 Henry Hurst Judicial Assistance Award

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