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DTCI: The summer best-of caselaw survey

August 18, 2021 | Ian Goodman and From DTCI

Because he saves caselaw blasts, this author consumes lots of articles that survey noteworthy caselaw. The readers should sit back and learn about three opinions that have been found noteworthy.

Wife loses appeal of divorce rulings at COA

August 17, 2021 | Jordan Morey

The Indiana Court of Appeals has affirmed the resolution of a lower court, despite an ex-wife’s claims that the trial court made multiple errors, in a divorce case on Tuesday.

Opinions Aug. 17, 2021

August 17, 2021

Indiana Court of Appeals 

Sandra Haggarty v. Thomas M. Haggarty
20A-DC-1877
Domestic relations with children. Affirms the resolution of contested issues in divorce proceedings between Sandra and Thomas Haggarty. Finds the evidence and findings support the Allen Circuit Court’s implementation of the agreement’s requirement for Thomas to maintain a joint checking account for ordinary living expenses. Also finds Sandra was not entitled to prejudgment interest because the court had to use its discretion to determine the contract damages. Finally, finds the trial court did not err when it found Sandra’s releases were unambiguous or when it ordered her to pay Thomas’ attorney fees for litigating her meritless assertion that the releases meant other than what they said. Judge Margret Robb concurs in part and dissents in part with separate opinion.

COVID contact tracing information of nearly 750K Hoosiers improperly accessed

August 17, 2021 | John Russell, Indianapolis Business Journal

An Australian cybersecurity company improperly accessed the data of nearly 750,000 Hoosiers from the state’s COVID-19 online contact tracing survey database, the Indiana Department of Health said Tuesday.

7th Circuit affirms former Goshen factory not posing danger to residents

August 17, 2021 | Jordan Morey

The 7th Circuit Court of Appeals has affirmed a federal judge’s ruling that a former factory in Goshen is not posing any ongoing dangers to the health of residents in the area.

Divided 7th Circuit reverses order to remove sex offender names for ‘right to travel’ violation but remands equal-protection claim

August 17, 2021 | Katie Stancombe

A split en banc 7th Circuit Court of Appeals has reversed a decision from an original three-judge panel that ordered the removal of six names from the Indiana sex offender registry, finding that the state’s sex offender registration law doesn’t discriminate based on residency. However, the case was remanded for further consideration of an equal-protection claim.

COA says state can halt enhanced unemployment benefits

August 17, 2021 | Marilyn Odendahl

A decision issued Tuesday by the Indiana Court of Appeals is allowing the state to again stop the federally enhanced unemployment benefits which Gov. Eric Holcomb had tried to end in June, saying the extra money was hurting the Hoosier economy by encouraging workers to stay out of the job market.

Governor backing schools on mask mandates

August 17, 2021 | Associated Press

Indiana Gov. Eric Holcomb gave his support Monday to the growing number of school districts across the state issuing mask mandates for students and staff as they try to head off more COVID-19 outbreaks.

S.C. woman charged as 3 Indiana teens die in wrong-way wreck

August 17, 2021 | Associated Press

Three Indiana teens were killed in a crash Monday on a South Carolina interstate by a woman driving the wrong way.

Federal court set to rule on eviction moratorium this week

August 17, 2021 | Associated Press

A three-judge panel with the U.S. Court of Appeals for the District of Columbia is expected to rule this week on whether a moratorium against evictions imposed by the Centers for Disease Control and Prevention will stand.

COA upholds Portland man’s conviction in scalding of boy

August 17, 2021 | Associated Press

Indiana’s appeals court has upheld a man’s conviction for causing serious burns to a 5-year-old boy by forcing the child’s hands into scalding water.

Governor’s lawsuit in holding pattern at Indiana Supreme Court

August 16, 2021 | Marilyn Odendahl

The governor’s lawsuit challenging the Legislature’s ability to call itself into session remains in a holding pattern while the Indiana Supreme Court addresses what one legal scholar calls the red herrings thrown into the case by the Indiana Attorney General.

Marion County Courts reinstate mask, social distancing requirements

August 16, 2021 | IL Staff

The Marion County Circuit and Superior Courts have announced they will again require visitors and employees to wear face masks in local courthouses beginning Tuesday due to the rising number of COVID-19 cases in the county, regardless of vaccination status.

Juvenile Justice Reform Task Force launched

August 16, 2021 | IL Staff

A new taskforce designed to analyze Indiana’s youth justice system and pinpoint places for comprehensive juvenile justice reform was launched Monday by the Commission on Improving the Status of Children in Indiana.

Robing ceremony set for Judge Leanna Weissmann

August 16, 2021 | Katie Stancombe

A ceremony celebrating the addition of Judge Leanna Weissmann to the Indiana Court of Appeals will take place next week.

Opinions Aug. 16, 2021

August 16, 2021

Indiana Court of Appeals
CouponCabin, LLC v. Michael Christofield (mem. dec.)
21A-SC-410
Small claims. Affirms the Lake Superior Court’s judgment for Michael Christofield against CouponCabin, LLC in the amount of $76.86 plus court costs. Finds the trial court did not reach a conclusion opposite of what the evidence in the case pointed to.

7th Circuit affirms sentence in teen sex trafficking case

August 16, 2021 | Katie Stancombe

A man who exploited a teen in the foster care system will keep his decades-long sentence for crimes related to sex trafficking, the 7th Circuit Court of Appeals has ruled.

Indiana teen’s competency hearing moved again

August 16, 2021 | Associated Press

A court hearing has been delayed until November to determine if a 14-year-old boy accused in the strangulation death of a northern Indiana girl is competent to stand trial in her killing.

Man sentenced for killing man at Gary bar, shooting at cop

August 16, 2021 | Associated Press

A northwestern Indiana man has been sentenced to 55 years in prison for killing a man outside a Gary nightclub and shooting at a police officer at the scene.

Judge upholds ex-Ball State prof’s child porn conviction

August 16, 2021 | Associated Press

A judge has ruled that a former Ball State University professor who accessed child pornography on his campus computer for at least three years will remain a convicted felon.

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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?

  • State judiciary is considering alternative exam for bar admission

  • Will Trump’s interest in reclassifying marijuana push Indiana toward legalization?

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