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Opinions Feb. 18, 2022

February 18, 2022

Court of Appeals of Indiana
L.M. v. Review Board of the Indiana Department of Workforce Development
21A-EX-990
Agency action. Reverses the Review Board of the Indiana Department of Workforce Development’s decision to affirm an administrative law judge’s ruling that L.M. did not timely file an appeal regarding her denial of pandemic unemployment assistance benefits. Finds a denial sent electronically is sent the same day it was received, so L.M.’s appeal was timely. Remands for further proceedings.

Appellate court allows appeal of pandemic unemployment benefits denial to proceed

February 18, 2022 | Jordan Morey

An Indiana woman may administratively appeal the denial of her application for pandemic unemployment benefits, the Court of Appeals of Indiana ruled after the Department of Workforce Development failed to present evidence challenging the timeliness of the appeal.

COA: No error in failure to preserve syringe for jury trial examination

February 18, 2022 | Katie Stancombe

A man was not denied due process when a syringe found in his car was not preserved for examination during a jury trial against him, the Court of Appeals of Indiana has ruled.

CRT discussion brings multiple views, little consensus

February 18, 2022 | Marilyn Odendahl

A panel discussion about critical race theory at Indiana University Robert H. McKinney School of Law veered into a debate about House Bill 1134, the controversial curriculum legislation in the Indiana Statehouse, and included pleas to work together to find common ground.

Indiana schools can stop masking, reporting COVID cases soon

February 18, 2022 | Associated Press

Indiana schools and child care programs will no longer have to conduct contact tracing or report COVID-19 cases to the state Department of Health as of next Wednesday, state officials announced Thursday.

Indiana lawmakers approve expanding tax refund eligibility

February 18, 2022 | Associated Press

Indiana lawmakers on Thursday approved expanding the number of people eligible for anticipated $125 payments this spring under the state’s automatic taxpayer refund law.

Whisper campaigns grow as Biden nears choice for high court

February 18, 2022 | Associated Press

The whispers and background chatter about top contenders for the U.S. Supreme Court are growing as President Biden zeroes in on a nominee to replace retiring Justice Stephen Breyer. And while the president is eager for input, the White House insists he’s not going to be swayed by any sniping.

Families of American captives frustrated with Justice Dept.

February 18, 2022 | Associated Press

When relatives of American oil executives jailed in Venezuela met virtually with a senior Justice Department official this month, it didn’t take long for their frustrations to surface.

Komyatte, a founding father of ILS, remembered as ‘vital force’

February 17, 2022 | IL Staff

Richard Peter Komyatte, who helped draft Indiana’s pro bono rule and was described as one of the founding fathers of Indiana Legal Services, died Feb. 13. He was 84.

Indiana House committee strikes Senate’s attempt to ban ‘marijuana light’

February 17, 2022 | Emily Ketterer and Indianapolis Business Journal Staff

Lawmakers in the Indiana House nixed an effort by some Senate Republicans to ban the sale of a popular derivative of hemp at levels that can give users a high.

Opinions Feb. 17, 2022

February 17, 2022

Court of Appeals of Indiana
Contrell J. Scruggs v. State of Indiana (mem. dec.)
21A-CR-1426
Criminal. Affirms Contrell Scruggs’ conviction of Level 5 felony possession of methamphetamine. Finds the state presented sufficient evidence to support Scruggs’ possession of meth conviction.

House committee removes ‘persuasion’ language, unanimously passes obstruction of justice bill

February 17, 2022 | Katie Stancombe

Language described by some lawmakers as being too broad and vague was unanimously removed from an obstruction of justice bill during an Indiana House committee meeting on Wednesday.

Bill allowing Level 6 offenders to go to DOC heads to full Indiana Senate

February 17, 2022 | Olivia Covington

A bill that would roll back a major provision of Indiana criminal justice reform legislation is headed for the full Indiana Senate, but concerns still linger over whether the state is doing its part to provide treatment to criminal offenders with mental illnesses and addictions.

Justice Barrett gives speech on federal equity power at Notre Dame Law

February 17, 2022 | Jordan Morey

This week, U.S. Supreme Court Justice Amy Coney Barrett gave a 30-minute presentation on federal equity power before taking questions from law students and professors in attendance.

Indiana lawmakers step back ‘curricula transparency’ bill

February 17, 2022 | Associated Press

Indiana lawmakers rolled back a contentious bill aimed at increasing transparency of school curricula Wednesday in response to mounting criticism from teachers and education advocates.

Opposition from GOP senator threatens Biden judicial pick

February 17, 2022 | Associated Press

Republican Sen. Ron Johnson’s opposition to one of President Joe Biden’s nominees surprised Democrats on Wednesday and presented a fresh test to a tradition that over the years has allowed individual senators to block the confirmation of judges from their home states.

Senate launches group to examine embattled US prison system

February 17, 2022 | Associated Press

The U.S. Senate is launching a bipartisan working group of lawmakers to scrutinize conditions within the Bureau of Prisons following reporting by The Associated Press that uncovered widespread corruption and abuse in federal prisons.

Indiana Senate panel waters down vaccine bill, prompting businesses to support it

February 16, 2022 | Emily Ketterer and Indianapolis Business Journal Staff

Lawmakers in the Indiana Senate on Wednesday morning struck language from the House GOP’s vaccine mandates bill that would have forced employers to accept any religious exemptions without further question.

Indiana Rep. Banks facing ‘insurrection’ ballot challenge

February 16, 2022 | Associated Press

An Indiana congressman who was rejected by House Speaker Nancy Pelosi as the top Republican for the committee investigating last year’s U.S. Capitol insurrection is fending off an effort to remove his name from this year’s election ballot.

Opinions Feb. 16, 2022

February 16, 2022

Court of Appeals of Indiana
In the Matter of the Paternity of J.K.: Moussa Henry Kante v. Carrie E. Long
21A-JP-1470
Juvenile paternity. Affirms the Johnson Circuit Court’s order modifying parenting time for Carrie E. Long to have her son J.K. with her during most of the summer to accommodate his basketball schedule rather than in Texas with his father, Moussa Kante. Finds the parenting time award was both consistent with the Indiana Parenting Time Guidelines and was reasonable. Also finds the trial court explained, in writing, why the deviation from the guidelines was appropriate, and it did not abuse its discretion. Finally, finds the trial court was not required to make the factual finding contemplated by Indiana Code § 31-14-14-1.

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In This Issue

  • Is mid-decade redistricting legal? Indiana Democrats prepare court challenge

  • Immigrant detainees denied bond hearings under new ruling

  • Protests, speech on college campuses under federal, state scrutiny

Most Read
  • Howard County judge permanently banned from judicial service

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

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

  • Mediator picked to help settle disciplinary case against AG Todd Rokita

  • JLAP executive director Harrell retires, IN Supreme Court announces new director

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