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Opinions Sept. 17, 2021

September 17, 2021

Indiana Court of Appeals
Olympic Financial Group, Inc. v. State of Indiana
21A-CR-1017
Criminal. Reverses the Jasper Superior Court’s order granting Indiana’s motion to turn seized money over to the federal government in the amount of $709,880. Finds the state failed to prove that the cash was properly seized pursuant to Indiana Code Chapter 34-24-1 and to show it was entitled to a turnover order under Indiana Code § 35-33-5-5(j). Also finds the trial court erred by granting the motion. Remands with instructions that the state reimburse Olympic Financial Group. Judge Nancy Vaidik concurs in result with separate opinion.

COA: Granddaughter fails to show she did not unduly influence sick grandfather

September 17, 2021 | Marilyn Odendahl

A granddaughter who acquired her grandfather’s home free of charge through a quit claim deed executed about a week before the elderly relative died of brain cancer has lost the house after the Indiana Court of Appeals affirmed she procured the property through undue influence.

Slaughter, Fisher discuss states’ roles in constitutional law

September 17, 2021 | Katie Stancombe

To mark Constitution Day, Indiana University Maurer School of Law’s Federalist Society hosted two prominent figures of the state’s legal community this week to discuss the states’ involvement in the development of American constitutional law.

Hoosier voters voice concern about proposed election maps

September 17, 2021 | Marilyn Odendahl

Stepping to the lectern in the Indiana House Chamber, Rev. Fatima Yakubu-Madus echoed the frustration of many who attended Thursday’s public hearing on redistricting when she emphatically asked state representatives, “What can we do, what can we say to change your mind?”

Appellate court affirms custody modification to father

September 17, 2021 | Jordan Morey

A juvenile court acted within its discretion when it awarded sole custody of a couple’s children to the father after the mother was arrested for multiple alcohol-related incidents and provided questionable living arrangements, the Court of Appeals has ruled.

Justices: Teachers can bargain over pay for ‘ancillary duties,’ but not definition of duties

September 17, 2021 | Olivia Covington

While teachers associations can bargain over compensation for “ancillary duties” such as supervising detention, they cannot bargain over what those duties actually are, the Indiana Supreme Court has ruled, upholding a determination by the Indiana Education Employment Relations Board.

State ordered to repay bank $709K after traffic stop cash seizure

September 17, 2021 | Katie Stancombe

The state must pay back more than $700,000 to a money services business who had cash seized following a traffic stop, the Indiana Court of Appeals has ruled, finding “no evidence whatsoever that a crime was committed.”

COA: Trial court didn’t err in sentencing child molesting mom

September 17, 2021 | Jordan Morey

A trial court didn’t exceed its statutory authority when it sentenced a Howard County woman to more than 20 years for molesting her two young children, according to the Indiana Court of Appeals.

Justice Thomas urges Americans to strive for ideals of Declaration of Independence

September 17, 2021 | Olivia Covington

During the 2021 Tocqueville Lecture Thursday at the University of Notre Dame, U.S. Supreme Court Justice Clarence Thomas discussed how his early life attending a Catholic school in the South now influences his approach to life and the law and helps shape his view of America.

Justice Department reviewing policies on transgender inmates

September 17, 2021 | Associated Press

The Justice Department is reviewing its policies on housing transgender inmates in the federal prison system after protections for transgender prisoners were rolled back in the Trump administration.

Opinions Sept. 16, 2021

September 16, 2021

Indiana Court of Appeals
Sean Douglas Neal v. State of Indiana
21A-CR-730
Criminal. Affirms Sean Neal’s Level 4 felony child molesting conviction and adjudication as a habitual offender. Finds the Green Circuit Court erred in admitting opinion testimony by Greene County Sheriff’s Department Detective Shawn Cullison, pursuant to Evidence Rule 704(b), but that it didn’t rise to the level of fundamental error.

Tax Court affirms Indiana Board’s final determination of fast-food facility valuation after renovations

September 16, 2021 | Katie Stancombe

A Shelbyville fast-food restaurant owner has not prevailed in an appeal before the Indiana Tax Court after challenging the 2019 assessment of their more than 30-year-old restaurant building following hundreds of thousands of dollars in renovations.

COA: Trial court erred in allowing opinion testimony during child molesting case, but didn’t commit fundamental error

September 16, 2021 | Jordan Morey

A trial court erred in admitting opinion testimony by a detective during a child molesting case, but it wasn’t enough to establish fundamental error, the Indiana Court of Appeals has ruled.

Indiana Supreme Court launches Indiana Commission on Equity and Access in the Court System

September 16, 2021 | IL Staff

The Indiana Supreme Court has created an additional avenue to improving Hoosiers’ access to justice and public trust in the judiciary through the newly established Indiana Commission on Equity and Access in the Court System.

Elkhart officer who gave false testimony in Royer case now facing termination

September 16, 2021 | Olivia Covington

The lead detective in an Elkhart murder case whose actions contributed to the exoneration of a man with a mental disability is now facing termination from the Elkhart Police Department.

Tax Court reverses for Indy law firm in taxpayer refund dispute

September 16, 2021 | Katie Stancombe

An Indianapolis law firm has secured a reversal from the Indiana Tax Court after the Indiana Board of Tax Review was found to have erred in declining to accept as true factual allegations that the firm was the taxpayer who paid property taxes on property it purchased.

Redistricting could pose challenges to some House GOP lawmakers

September 16, 2021 | Emily Ketterer and Indianapolis Business Journal Staff

Some Indiana House Republican incumbents could go head-to-head with their GOP colleagues next election cycle based on shifts in the proposed redistricting maps.

Gas City woman who strangled stepdaughter gets life sentence

September 16, 2021 | Associated Press

A northern Indiana woman convicted of murder in the strangulation death of her 10-year-old stepdaughter was sentenced to life in prison without the possibility of parole.

Bloomington panel backs Black family’s name for Jordan Ave.

September 16, 2021 | Associated Press

Bloomington’s Plan Commission has endorsed renaming the city’s portion of Jordan Avenue after a Black family that rose to prominence after escaping slavery instead of a 19th century Indiana University president who supported eugenics.

Appeals court sides with Biden’s deportation priorities

September 16, 2021 | Associated Press

A federal appeals court on Wednesday allowed the Biden administration’s selective criteria on who should be deported to remain in effect, rejecting one of Texas’ challenges to the president’s immigration policies.

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In This Issue

  • New bail legislation aims to weigh due process and public safety

  • Efforts to boost judicial safety gain steam after shooting

  • Appeals court to hear arguments over accidental release of depositional evidence to jury

Most Read
  • Firing squad, gas execution methods move out of Indiana House committee

  • Kokomo couple get a combined 50 years in prison for dealing deadly drugs

  • Tippecanoe County judge, wife in stable condition after being shot at their home

  • Nominations being accepted for the 2024 Henry Hurst Judicial Assistance Award

  • Shooting of Tippecanoe County judge was gang-related hit, authorities say

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