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Opinions Dec. 30, 2021

December 30, 2021

Court of Appeals of Indiana
Rhett A. Martin v. State of Indiana
20A-CR-2326
Criminal. Affirms in part and reversed in part Rhett Martin’s conviction and 65-year aggregate sentence for two counts of felony murder and arson. Finds the Benton Circuit Court did not violate Martin’s constitutional right to present a defense when it did not allow to him to force his accomplice to  appear before the jury and either testify or assert his right against self-incrimination. Rules the evidence was sufficient to sustain Martin’s conviction and the aggregate sentence was not inappropriate. Reverses the conviction for Count II, felony murder while committing or attempting to commit burglary and Count III, felony murder while committing or attempting to commit robbery.

COA finds homeowner was one-day late in appealing order to demolish his home

December 30, 2021 | Marilyn Odendahl

An Indiana man failed to craft an argument to convince the Court of Appeals of Indiana that his complaint against the local town’s order for the demolition of his home was timely filed and the statute mandating a town provide 10-day notification of a demolition order is unconstitutional.

Telloyan appointed St. Joseph Superior Court judge

December 30, 2021 | IL Staff

A Notre Dame adjunct law professor has been tapped to serve as the newest judge on the St. Joseph Superior Court.

COA splits over liquidated damages award in breach of contract suit

December 30, 2021 | Katie Stancombe

A dentist who was fired from her job just weeks after starting because she refused to lower her compensation could not convince the Court of Appeals of Indiana that she should get to keep more than $45,000 in liquidated damages from her breach of contract suit.

COA: Oral agreement between former couple unenforceable by Statute of Frauds

December 30, 2021 | Katie Stancombe

A man who gave his ex-wife nearly $230,000 was unsuccessful in convincing the Court of Appeals of Indiana that they had previously agreed to use the money for a specific purpose and that their oral agreement wasn’t unenforceable under the Statute of Frauds.

COA affirms denial of motion to suppress evidence due to wrong address listed on search warrant

December 30, 2021 | Jordan Morey

Neither a Lagro man’s federal nor state constitutional rights were infringed upon when sheriff’s deputies searched his home despite having the wrong address listed on their search warrant.

Justices reverse for Clark REMC in dispute over health benefits for former employees

December 30, 2021 | Jordan Morey

Former Clark County REMC directors weren’t guaranteed health insurance reimbursement in their retirement after a policy change terminated the benefit, the Indiana Supreme Court has ruled. In a Wednesday opinion, the high court reversed Clark Circuit Court’s grant of summary judgment to the plaintiffs after finding the REMC’s policy was not a binding contract because the policy wasn’t an offer.

Holcomb ‘stunned’ by Rokita’s suggestion that pandemic stats are inflated

December 30, 2021 | Emily Ketterer and Indianapolis Business Journal Staff

Indiana Gov. Eric Holcomb slammed Attorney General Todd Rokita for comments he made in an interview this month suggesting the state is inflating its COVID-19 numbers.

Conservative commotion steering Indiana lawmakers on schools

December 30, 2021 | Associated Press

Commotion in some school districts over topics ranging from COVID-19 mask mandates to teaching about racial injustice has Indiana Republican lawmakers looking at steps they argue will give parents more sway over what happens in classrooms.

Man sentenced for Indiana blast that scattered protesters

December 29, 2021 | Associated Press

A man has been sentenced to 18 months in prison for throwing a lit explosive device last year outside a northwest Indiana courthouse, causing a blast that scattered a group of people protesting George Floyd’s death in police custody.

Opinions Dec. 29, 2021

December 29, 2021

Court of Appeals of Indiana
In re the Adoption of S.A.C., M.M. v. Indiana Department of Child Services (mem. dec.)

21A-AD-720
Adoption. Affirms the denial of M.M.’s petition to adopt S.A.C. Finds the Allen Superior Court did not err by concluding that DCS did not unreasonably withhold its consent to M.M.’s petition for adoption.

Justices recertify 99 senior judges

December 29, 2021 | IL Staff

Droves of senior judges have been granted recertification for the upcoming year, the Indiana Supreme Court has announced.

Hoosier schools receive federal grants to improve safety

December 29, 2021 | IL Staff

Two Indiana school districts will be receiving grants from the $125 million the U.S. Department of Justice is offering to advance school safety under the Students, Teachers and Officers Preventing (STOP) School Violence Act of 2018.

7th Circuit: Indiana man waived right to challenge arrest history at sentencing

December 29, 2021 | Jordan Morey

An Indiana man convicted of possession with intent to distribute methamphetamine will not have his prison time reduced after the 7th Circuit Court of Appeals opined he waived his right to challenge the consideration of his arrest history at sentencing.

Supreme Court amends state appellate procedure and access to court records rules

December 29, 2021 | IL Staff

The Indiana Supreme Court approved amendments to both the Indiana Rules of Appellate Procedure and Indiana Rules for Access to Court Records earlier this month.

White House, Jan. 6 committee agree to shield some documents

December 29, 2021 | Associated Press

The House committee investigating the Jan. 6 insurrection at the Capitol has agreed to defer its attempt to get hundreds of pages of records from the Trump administration, holding off at the request of the Biden White House.

House leader eyes income tax cut amid rosy fiscal forecast

December 29, 2021 | Emily Ketterer and Indianapolis Business Journal Staff

When it comes to pushing for state tax cuts and limits on employer vaccine mandates, Republicans in the Indiana House of Representatives are taking the lead. IBJ asked the top House Republican, Speaker Todd Huston of Fishers, why his caucus has put these issues at the top of its agenda and why it has been more aggressive than Senate Republicans in its pursuit.

COVID-19, homicides and ODs strain Indiana coroner’s budget

December 29, 2021 | Associated Press

The Marion County coroner’s office budget has been strained from deaths from COVID-19, drug overdoses and rising homicides in Indianapolis.

Former Purdue prof secures partial reversal in dismissed discrimination complaint

December 28, 2021 | Katie Stancombe

A former Purdue University assistant professor who sued her then-supervisor after he allegedly retaliated against her when she rejected what she claimed were his sexual advances has partially secured a reversal from the Court of Appeals of Indiana on the dismissal of her claims.

 

Federal court rules losses suffered by Patachou restaurant not covered by insurance

December 28, 2021 | Marilyn Odendahl

The Patachou restaurants in Indianapolis and Carmel will not be able to recoup their financial losses from the COVID-19 shutdown in the spring of 2020 after a federal court found the insurance policy they held only reimbursed for damage to the actual brick and mortar structures.

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In This Issue

  • Indiana’s top legal stories of 2025

  • Our most-read online stories in 2025

  • Trump’s executive order on AI creating uncertainty for businesses

Most Read
  • Ken Nunn, one of Indiana’s most prominent personal injury attorneys, dies at 85

  • Fort Wayne becomes latest target of Rokita’s expanding immigration-related inquiry

  • Rokita, Braun push for Ten Commandments monument to be placed on Statehouse lawn

  • Indy attorney indefinitely suspended for noncooperation with the disciplinary commission

  • Indy attorney indefinitely suspended for noncooperation with the disciplinary commission

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