Justices rule for American woman in bitter custody dispute
The U.S. Supreme Court ruled unanimously Wednesday for an American woman who is involved in a bitter international custody dispute with her Italian husband over their young son.
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Man loses appeal of animal abuse convictions after hitting, shooting dog
The Court of Appeals of Indiana has upheld a man’s conviction for hitting and shooting his dog, finding the evidence did not support his claim that he was trying to put the animal down to protect his neighbors.
Opinions June 15, 2022
Court of Appeals of Indiana
Jacquetta Hahn-Weisz v. Samuel C. Johnson and Amber Johnson
22A-DC-36
Domestic relations with children. Reverses the Union Circuit Court’s partial grant of a petition to modify custody of J.J. filed by father Samuel Johnson. Finds Jacquetta Hahn-Weisz, the child’s grandmother who raises the child, presented clear and convincing evidence that the child’s best interests were substantially and significantly served by remaining with her. Also finds she has demonstrated prima facie error in the trial court’s granting of Johnson’s petition for modification of custody.
Convictions upheld for man in Allen Co. drug robbery gone wrong
A man involved in a robbery-turned-murder will keep his related convictions despite his arguments against a traffic stop and the jury instructions in his case, the Court of Appeals of Indiana has ruled.
Grandmother secures reversal in child custody case against father
A grandmother who says she helped “pick up the pieces” of her grandchild’s life after the minor was molested in her father’s home has secured a reversal from the Court of Appeals of Indiana in a custody battle.
Tax Court rules for Hendricks Co. convenience store in appraisal dispute
A Hendricks County convenience store has won its appeal for a lower real property assessment after the Indiana Tax Court struck down an underlying appraisal and market adjustment.
COA: Evidence sufficient to sustain sexual battery conviction
A man who groped a woman in a dormitory restroom was unable to get his felony conviction overturned after the Court of Appeals of Indiana found the evidence was sufficient to show he physically restrained the woman while touching her without her consent.
RFRA defense fails to stop child abuse prosecution
A Lawrence County man tried to defend himself against child abuse charges by asserting his right to religious freedom, but the Court of Appeals of Indiana found the state’s Religious Freedom Restoration Act did not apply in his case because the prosecution demonstrated it had chosen the least restrictive means to advance the state’s compelling interest in protecting children.
Justices reinstate judgment for loan broker, reject ‘fraud’ finding
A loan brokerage company will be permitted to collect a roughly $3,000 consultant’s fee from a client that rejected its financing offer, the Indiana Supreme Court has ruled, overturning a lower court’s finding that the broker asked the client to commit fraud in order to obtain financing.
Security guard charged with murder in gas station shooting
A gas station security guard who shot a man during a confrontation over a beer has been charged with murder, according to an arrest report.
In a boost, McConnell backs Senate bipartisan gun deal
Senate Minority Leader Mitch McConnell announced his support Tuesday for his chamber’s emerging bipartisan gun agreement, boosting momentum for modest but notable election-year action by Congress on an issue that’s deadlocked lawmakers for three decades.
US failed to stop fraud in COVID loan program, Clyburn says
The U.S. failed to take basic steps at the start of the coronavirus pandemic to prevent fraud in a federal aid program intended to help small businesses, depleting the funds and making people more vulnerable to identity theft, the chairman of a House panel examining the payouts said Tuesday.
In Jan. 6 cases, 1 judge stands out as the toughest punisher
As the number of people sentenced for crimes in the Jan. 6, 2021, insurrection nears 200, an Associated Press analysis of sentencing data shows that some judges are divided over how to punish the rioters, particularly for the low-level misdemeanors arising from the attack.
Justices remand appeal of moot commitment order, clarify precedent on public-interest exception in commitment cases
Despite her involuntary commitment order having long since expired, a woman will be permitted to challenge the order at the Court of Appeals of Indiana after the Indiana Supreme Court issued a decision clarifying its precedent on how appellate courts should review involuntary commitment cases that have become moot. A dissenting justice, however, repeated previous concerns about the majority’s approach to the public-interest mootness exception.
Enhanced consecutive sentences upheld in fentanyl overdose case
A man who sold fentanyl-laced heroin to his friend that resulted in the buyer overdosing will keep his enhanced consecutive sentences, the Court of Appeals of Indiana has concluded.
Former casino general counsel Keeler’s law license suspended after guilty plea
| IL Staff
Following his guilty plea to tax fraud in April, former casino executive and state lawmaker John Keeler has been suspended from the practice of law in Indiana.
COA finds statute grants DNR immunity from claims over flooded fields
A family of farmers in Marshall County who claimed their fields flooded because of the Indiana Department of Natural Resources’ negligent operation of a nearby dam had their trial court victory washed away when the Court of Appeals of Indiana ruled that a state statute grants the agency immunity from negligence claims.
Opinions June 14, 2022
Court of Appeals of Indiana
Trent Michael Weaver v. State of Indiana
21A-CR-2424
Criminal. Affirms Trent Weaver’s aggregate eight-year sentence following his convictions of dealing in a narcotic drug and reckless homicide, both as a Level 5 felony. Finds the Pulaski Superior Court did not abuse its discretion when it imposed separate sentences for Weaver’s dealing and reckless homicide convictions, when it imposed consecutive sentences for those convictions or when it imposed enhanced consecutive sentences. Also finds the trial court’s sentencing statement is adequate. Finally, finds the trial court did not abuse its discretion when it sentenced Weaver.
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Lilly whistleblower sues drugmaker, alleging retaliation
A top human resources officer at Eli Lilly and Co.’s factory in New Jersey claims the drugmaker fired her in retaliation for investigating employee complaints about drug manufacturing problems and for refusing to drop the matter.