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.
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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.
Workers at federal prisons are committing some of the crimes
More than 100 federal prison workers have been arrested, convicted or sentenced for crimes since the start of 2019, including a warden indicted for sexual abuse, an associate warden charged with murder, guards taking cash to smuggle drugs and weapons, and supervisors stealing property such as tires and tractors.
Justices turn away VW appeals over emissions scandal suits
The Supreme Court on Monday turned away appeals from Volkswagen that sought to stop state and local lawsuits related to the 2015 scandal in which the automaker was found to have rigged its vehicles to cheat U.S. diesel emissions tests.
Inmate who was key to juvenile life debate is up for parole
In recent years, hundreds of people once destined to spend the rest of their lives in prison after being convicted of crimes as juveniles have gone free after Supreme Court decisions ruling that young people are capable of change and should be given a second chance. But so far the man whose case has been central to this change — 75-year-old Henry Montgomery — is still behind bars nearly six decades after his 1963 arrest.
Myers sworn in as first Black U.S. attorney for Indiana Southern District
| IL Staff
Zachary Myers was sworn in Monday as the U.S. attorney for the Southern District of Indiana, becoming the first African American to serve as the district’s chief federal law enforcement officer.
Opinions Nov. 15, 2021
Indiana Court of Appeals
Aberdeen Apartments II LLC v. Jessica Miller
21A-CT-1263
Civil tort. Affirms the award of judgment to Jessica Miller against Aberdeen Apartments II and the denial of Aberdeen’s motions to correct error and for relief from judgment after Miller injured herself following a slip-and-fall accident. Finds Aberdeen did not negate the breach element of Miller’s negligence claim, and the Hendricks Superior Court did not err when it denied Aberdeen’s summary judgment motion. Also finds the trial court did not abuse its discretion when it denied Aberdeen’s Trial Rule 60(B)(3) motion to set aside the judgment, or when it denied Aberdeen’s motion to correct error.
Appellate court upholds $80k award for icy slip-and-fall accident victim
A Mooresville apartment complex could not convince the Court of Appeals of Indiana that it was not responsible for the injuries caused to a visitor during an icy slip-and-fall accident on its property.