Portland woman’s conviction upheld in death of child’s father
The Indiana Court of Appeals has upheld the murder conviction of a woman who arranged the killing of her young daughter’s father amid a custody battle over the child.
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Families of Rochester children killed, injured boarding bus get $3.5M
A northern Indiana school district paid nearly $3.5 million to the families of three children who died and a fourth child who was seriously injured in 2018 when a pickup truck plowed into them as they crossed a rural highway to board a school bus.
Gary man gets 35 years in slaying of pizza delivery driver
A Gary man has been sentenced to 35 years in prison in the slaying of a pizza delivery driver he and another man lured to an abandoned house for a planned robbery.
US overdose deaths topped 100,000 in one year, officials say
An estimated 100,000 Americans died of drug overdoses in one year, a never-before-seen milestone that health officials say is tied to the COVID-19 pandemic and a more dangerous drug supply.
Indiana justices agree to hear governor’s dispute with Legislature
The Indiana Supreme Court has decided to allow Gov. Eric Holcomb to fast-forward through the appeals process to challenge the Legislature’s attempt to call itself into special session, but as the case comes before the justices, the process will slow down with oral arguments not being heard until April 7, 2022.
Opinions Nov. 17, 2021
Court of Appeals of Indiana
Tracey Wheeler v. State of Indiana and Indiana Department of Corrections
21A-MI-1175
Miscellaneous. Reverses the Perry Circuit Court’s dismissal of a negligence complaint by prisoner Tracey Wheeler against the Indiana Department of Correction and remands for further proceedings. Finds Wheeler adequately stated a cause for negligence and the DOC appeared to concede as much by abandoning their challenge to the sufficiency of the allegations. Also finds Wheeler was not required to plead exhaustion of remedies to state a claim for relief. Affirms the dismissal of any other putative claims contained in the complaint by Wheeler.
Allen Superior Court to celebrate National Adoption Month on Thursday
| IL Staff
Adoptions will be celebrated Thursday in the Allen Superior Court as the Fort Wayne judiciary marks National Adoption Month.
Appellate court affirms denial of Georgia bank’s motion for dismissal in garnishment case
A Georgia-based bank waived its right to claim the Marion Superior Court lacked personal jurisdiction over a garnishment case after it placed a hold on a bank account and responded to interrogatories without objection, the Court of Appeals of Indiana has affirmed.
COA allows prisoner’s negligence complaint to proceed
The Court of Appeals of Indiana is allowing a negligence complaint by a prisoner against the Indiana Department of Correction to proceed, partially reversing a dismissal by the Perry Circuit Court.
Indiana governor, GOP lawmakers look to end COVID-19 orders
Indiana’s governor is facing pressure from fellow Republicans to end the statewide COVID-19 public health emergency order that’s been in place since March 2020 even as the state has seen a recent jump of infections and hospitalizations.
Ex-West Lafayette tutor gets 42-year sentence for molesting boy for years
A former tutor at a northwest Indiana elementary school has been sentenced to 42 years in prison for molesting a boy over several years, starting when he was 10.
GOP-majority court chosen to consider Biden vaccine mandate
Challenges to President Joe Biden’s COVID-19 vaccine mandate for private employers will be consolidated in 6th Circuit Court of Appeals, a panel dominated by judges appointed by Republicans.
Former Adams Co. judge Miller faces discipline charges related to judicial campaign
| IL Staff
The Indiana Commission on Judicial Qualifications has filed disciplinary charges against a former Adams County Drug Court judge related to election matters during his time on the bench.
Monroe Co. couple sentenced to federal prison for child sexual exploitation
| IL Staff
A Monroe County husband and wife have each been sentenced to federal prison following their convictions for sexual exploitation of five children in their care.
Opinions Nov. 16, 2021
Indiana Court of Appeals
In Re the Matter of: Paternity of W.M.T., Elizabeth Jackson v. Sharon Thomas
21A-JP-57
Juvenile paternity. Affirms the Hancock Superior Court’s order awarding custody of W.M.T. to Sharon Thomas, the order for Elizabeth Jackson to pay child support to Thomas and the denial of Jackson’s request for attorney fees. Finds the trial court did not abuse its discretion when it admitted certain challenged evidence, nor did it err when it determined that Thomas was W.M.T.’s de facto custodian and that modification of W.M.T.’s custody was in the child’s best interests. Also finds the trial court didn’t err when it excluded W.M.T.’s survivor benefits from the child support calculation. Finally, finds the trial court didn’t abuse its discretion when it denied Jackson’s request for attorney fees.
Attorney suspended without automatic reinstatement for misconduct resulting in 12 rule violations
| IL Staff
Carmel attorney P. Adam Davis has been suspended from the practice of law for one year without automatic reinstatement after the Indiana Supreme Court found he violated 12 professional conduct and admission rules arising from two separate disciplinary actions.
Division of deceased couple’s estate will stand despite omission in COA decision
Despite a portion of a deceased couple’s will being omitted from a Court of Appeals of Indiana opinion, the appellate court’s original decision does not need to be reversed, the COA held in a Tuesday opinion on rehearing.
COA affirms custody, child support awarded to grandmother after child’s father dies
The Court of Appeals of Indiana rejected multiple arguments in a mother’s appeal for the custody of her child Tuesday, affirming the Hancock Superior Court’s ruling that it’s in the best interest of the child to live with his paternal grandmother and that the mother must pay child support despite the child receiving survivor benefits.
State lawmakers preview priorities at Chamber legislative event
Business tax cuts and nixing government-imposed vaccine mandates will be among the legislative priorities for Indiana Chamber of Commerce next year, and top GOP lawmakers mostly appear to be on the same page.
Indiana police get millions to help combat reckless driving
Police departments across Indiana are sharing in millions of dollars in federal grants intended to help curb reckless driving that’s led to an increase in fatal crashes during the pandemic.