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COA splits over custody modification, rules against mom who proceeded pro se after attorney quit

May 26, 2022 | Katie Stancombe

A split Court of Appeals of Indiana has affirmed a child custody switch from mother to father, finding that although the mother had to proceed pro so at the custody hearing, she was not prejudiced by the denial of her motions to continue after her counsel quit.

Opinions May 26, 2022

May 26, 2022

Court of Appeals of Indiana
B.A. v. D.D. and C.D.
22A-AD-147
Adoption. Affirms and reverses in part the grant of summary judgment in favor of adoptive parents D.D. and C.D. on their claim that father B.A.’s consent to the adoption of P.A. was not required. Finds B.A. has not met his burden on appeal to demonstrate that the court erred when it ordered him to submit to a DNA test. Also finds evidence that a man is not a child’s biological father, without more, is not dispositive of whether he is the child’s legal father and does not obviate the need for his consent to an adoption. Finally, finds the adoptive parents failed to designate evidence that would exclude B.A. as P.A.’s legal father such that B.A.’s consent would not be required under Indiana Code § 31-19-9-1(a)(2). Remands for further proceedings.

Prosecutor: Greene Co. police chief justified in fatal shooting

May 26, 2022 | Associated Press

A southwestern Indiana police chief was justified when he fatally shot a man in April who was threatening people while armed with a knife, a prosecutor said.

Indiana governor eyes ‘inflationary relief,’ not gas tax cut

May 26, 2022 | Associated Press

Indiana’s governor said Wednesday he was preparing a plan to potentially tap into the growing state budget surplus to help residents with the national inflation jump, while rejecting calls for suspending state gas taxes.

Biden administration opposes airlines in lawsuit over crew breaks

May 26, 2022 | Associated Press

The Biden administration has sided against the airline industry and urged the U.S. Supreme Court on Wednesday to uphold a California law that would provide more rest and meal breaks than airline crews are guaranteed under federal rules.

South Bend attorney sentenced to over 10 years in prison for defrauding clients

May 25, 2022 | IL Staff

South Bend attorney Sven Eric Marshall has been sentenced to serve more than 10 years in federal prison and ordered to pay $1.94 million in restitution for defrauding investors in his former business, Trust & Investment Advisory Services of Indiana, Inc.

Former Vincennes police chief arrested for stealing from department, wife arrested for theft of prescription drugs

May 25, 2022 | IL Staff

Former Vincennes Police Department Chief Dustin Luking was arrested on multiple felony charges Wednesday for allegedly stealing thousands of dollars from an evidence vault for personal use. Also today, Bethany J. Shelton Luking, Dustin’s wife, was arrested for allegedly stealing prescription medication from her employer, a senior center in Vincennes.

Man charged with 41 felonies loses bond reduction appeal

May 25, 2022 | Jordan Morey

A man facing 41 felony charges will not have his bail reduced after the Court of Appeals of Indiana determined the consequences of his case could prove “severe.”

Opinions May 25, 2022

May 25, 2022

Court of Appeals of Indiana
Alan Jones v. State of Indiana
21A-CR-2809
Criminal. Affirms the Shelby Circuit Court’s denial of Alan Jones’ motion for reduction of bail. Finds Jones has failed to show that the decision declining to reduce bond was clearly against the logic and effect of the circumstances before the trial court.

COA: Handgun beating straps Indy man with conviction of battery by means of deadly weapon

May 25, 2022 | Katie Stancombe

A Marion County man who confronted and battered another individual with a handgun will keep his felony conviction for battery by means of a deadly weapon, the Court of Appeals of Indiana has ruled.

Magistrate Judge Pryor tapped for 7th Circuit

May 25, 2022 | Marilyn Odendahl and IL Staff

Magistrate Judge Doris Pryor of the U.S. District Court for the Southern District of Indiana has been nominated to the 7th Circuit Court of Appeals by the Biden administration.

Poll: High court approval drops after abortion opinion leak

May 25, 2022 | Associated Press

Public approval of the Supreme Court has fallen following the leak of a draft opinion that would overturn the Roe v. Wade decision guaranteeing abortion rights nationwide, according to a poll.

Feds: Ohio man plotted visit to Texas to kill George W. Bush

May 25, 2022 | Associated Press

An Iraqi man who came to the United States two years ago and applied for asylum hatched a plot to assassinate former President George W. Bush in retaliation for casualties against his compatriots during the Iraq war, the U.S. government announced Tuesday.

Andrea Morehead drops discrimination lawsuit against WTHR

May 25, 2022 | Dave Lindquist, Indianapolis Business Journal and Indianapolis Business Journal Staff

News anchor Andrea Morehead has decided to end her legal battle with former employer WTHR-TV Channel 13, saying she’d rather drop the discrimination lawsuit than win a ruling and be subjected to a non-disclosure agreement after such a decision.

Gunman kills 19 children, 2 teachers in Texas school rampage

May 25, 2022 | Associated Press

The 18-year-old gunman who slaughtered 19 children and two teachers at a Texas elementary school barricaded himself inside a single classroom and “began shooting anyone that was in his way,” authorities said Wednesday in detailing the latest mass killing to rock the U.S.

Web Exclusive: Faegre Drinker attorney Yocum finds commonalities in showing horses, practicing law

May 25, 2022 | Katie Stancombe

Sitting in a saddle with intentionality and quiet expectation, Indianapolis attorney Brittney Yocum said being present with her horse is more than a stress reliever — it’s a partnership.

Metz: 3 things to know as a new attorney

May 25, 2022 | Harrison Metz

When I began writing this column, I reached out to friends from my law school class to gather a few of the common things we wish we had known when we first entered practice. After gathering suggestions, I decided to include the three most common and strongly held opinions.

Increasing threat of 3D printed firearms heightens concerns of violent crime

May 25, 2022 | Katie Stancombe

A new type of untraceable firearm printed using 3D technology is starting to gain national attention, coined with the colloquial name “ghost gun.” Federal authorities say they are increasingly recovering the homemade weapons, which are impossible to track without a serial number. As gun violence continues nationwide, law enforcement and policymakers are scrambling to get ahead of a trend they fear could exacerbate the problem.

Housing court seeks to find alternatives to eviction

May 25, 2022 | Marilyn Odendahl

Every Wednesday and Thursday, the docket is filled with landlord-tenant cases. But since October 2021, the Lawrence Township Small Claims Court has been implementing a housing court model that provides additional services to try to prevent or lessen the impact of the loss of a place to live.

Abortion restrictions likely coming to Indiana if draft opinion is published

May 25, 2022 | Jordan Morey

Since the leak earlier this month of a draft opinion indicating Roe v. Wade and Planned Parenthood v. Casey will be overturned, U.S. Senate Democrats have failed to codify the right to an abortion. Meanwhile, Republican-led states including Indiana have indicated they are prepared to tighten restrictions once the opinion is published this summer.

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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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