Indiana judge weighs adult court for teen in girl’s killing
A judge is weighing whether a 15-year-old boy should be tried as an adult on charges alleging that he molested and fatally strangled a 6-year-old northern Indiana girl last year.
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COA: Admission of parole violation harmless error
A Delaware County man had his murder conviction affirmed after the Court of Appeals of Indiana found the trial court’s admission of a parole violation during trial was an abuse of discretion but a harmless error.
Adat-Lopez appointed Lake Superior Court judge
| IL Staff
Rehana Adat-Lopez, the director and attorney for the Lake County CASA program, has been appointed judge to the Lake Superior County, Gov. Eric Holcomb announced Friday.
COA reverses, affirms damages for couple over well drilling dispute
A split Court of Appeals of Indiana sorted out a dispute between a Northern Indiana couple and a well-drilling company in a 48-page opinion Friday, reversing some of the damages awarded to the pair but affirming most all others.
Opinions Feb. 25, 2022
Court of Appeals of Indiana
Robert D. Willis and Cindy L. Willis v. Dilden Brothers, Inc.
21A-CT-378
Civil tort. Affirms and reverses in part the Tippecanoe Superior Court’s various rulings in a dispute between Robert D. and Cindy L. Willis and Dilden Brothers Inc. Summarily affirms the verdict and final damages award on Count 1, as Dilden does not challenge them. Finds the trial court did not abuse its discretion in denying Dilden’s motion to correct error as to Count 2 or in awarding damages for an incurable deceptive act as to Robert on Count 3, but did abuse its discretion in awarding damages for an uncured deceptive act as to Cindy. Also finds the trial court abused its discretion in impeaching the jury’s verdict on Count 4 based on a juror’s comment about attorney fees but did not abuse its discretion in reducing the award to $15,000. Finally, finds the trial court did not abuse its discretion in denying the Willises’ motion for recusal or in determining the amount of the attorney fees award. Judge L. Mark Bailey concurs and dissents in part with separate opinion.
IN Supreme Court converts Fort Wayne lawyer’s suspension to without automatic reinstatement
| IL Staff
A Fort Wayne lawyer set to be reinstated to the practice of law in Indiana on Saturday has instead been ordered to petition for reinstatement after failing to fulfill the duties of a suspended lawyer.
J&J, distributors finalize $26B landmark opioid settlement
Drugmaker Johnson & Johnson and three major distributors finalized nationwide settlements over their role in the opioid addiction crisis Friday, an announcement that clears the way for $26 billion to flow to nearly every state and local government in the U.S.
Najam formally announces retirement from COA
| IL Staff
Court of Appeals of Indiana Judge Edward W. Najam Jr. has officially announced his plans to retire during the summer of 2022.
Justice Department sues UnitedHealth over nearly $8B deal
Federal regulators are suing to block UnitedHealth Group’s purchase of technology company Change Healthcare, a deal they fear will put too much health care claims information in the hands of one company.
CDC to significantly ease pandemic mask guidelines
The Biden administration will significantly loosen federal mask-wearing guidelines designed to protect against COVID-19 transmission on Friday, according to two people familiar with the matter, meaning most Americans will no longer be advised to wear masks in indoor public settings.
Indiana State Police leader blasts GOP on gun permit repeal
A proposal that could ultimately repeal Indiana’s handgun permit requirement remained alive in the Legislature on Thursday despite the objections of major law enforcement groups and officials, including the head of the State Police.
Biden taps Ketanji Brown Jackson for Supreme Court
President Joe Biden on Friday will nominate federal appeals court Judge Ketanji Brown Jackson to the Supreme Court, according to two people familiar with the matter, making her the first Black woman selected to serve on a court that once declared her race unworthy of citizenship and endorsed segregation.
Opinions Feb. 24, 2022
Court of Appeals of Indiana
Vichitra Tyagi v. Vinita Singh Tyagi
21A-DC-1392
Domestic relations with children. Affirms the dissolution of Vichitra Tyagi’s marriage to Vinita Singh Tyagi. Finds the Boone Superior Court did not err in several instances, including when it found that a note payable existed and allocated it as an asset to Husband; when it found Husband’s weekly income to be $5,000 for child support; when it relied on Wife’s evidence about the U.S. dollars and Indian rupees conversion rate; and when it unequally divided the marital estate.
Holcomb decries ‘political’ motivations in HEA 1123 litigation
Contending the Legislature is injecting politics into the litigation over House Enrolled Act 1123, Gov. Eric Holcomb is reiterating his argument to the Indiana Supreme Court that the dispute is not about public policy but rather about whether the state’s constitution allows the General Assembly to call itself into a special session.
COA affirms dissolution order despite husband’s arguments
The Boone Superior Court did not err in ordering an unequal division of a former couple’s marital estate, the Court of Appeals of Indiana has ruled.
Tax Court reverses for property owner in homestead deduction, tax cap dispute
An Indianapolis homeowner’s carriage house and detached garage are eligible for the standard homestead deduction and a 1% property tax cap, the Indiana Tax Court ruled in a Wednesday reversal, despite the Indiana Board of Tax Review’s decision to the contrary.
Deadline approaching for Leadership in Law 2022 nominations
| IL Staff
There are less than two weeks left to submit your nominations for Indiana Lawyer’s 2022 Leadership in Law Awards.
Indiana governor signals support for trans girls sports ban
Indiana Gov. Eric Holcomb signaled support Wednesday for contentious proposals moving through the Legislature that would ban transgender girls from participating in K-12 girls school sports and place restrictions on teaching about racism and political issues.
Judge: Elkhart not immune to claims in fatal crash suit
A northern Indiana city is not immune to claims raised by a lawsuit alleging that it shares responsibility for a hit-and-run crash that killed two children and a man, a judge has ruled.
3 men plead guilty in terror plot against US power grid
Three men espousing white supremacist and neo-Nazi beliefs conspired to sow civil unrest by attacking power stations throughout the U.S. while expressing a willingness to die for their cause, federal authorities said Wednesday.