Grandfather loses appeal of molesting conviction against granddaughter
The grandfather had argued that a video of his granddaughter’s statement published at his trial was impermissible hearsay.
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Fired Cathedral teacher appeals dismissal of his lawsuit against archdiocese
Joshua Payne-Elliott, a foreign language and social studies teacher, sued the archdiocese after his contract with Cathedral was terminated in June 2019.
Judicial panel opts not to make sanction recommendations for ex-magistrate banned from bench
The Indiana Commission on Judicial Qualifications is requesting that the law license of a former Hamilton County magistrate busted in a meth sting only be reinstated if he can maintain a sustained recovery and fully comply with the Judges & Lawyers Assistance Program.
Opinions May 19, 2021
Indiana Court of Appeals
Donnie Louis Sawyer v. State of Indiana
20A-CR-1446
Criminal. Reverses the order denying Donnie Louis Sawyer’s petition for depositions of two minors alleged to be victims of child molesting by Sawyer. Finds Indiana Code § 35-40-5-11.5 conflicts with the Indiana Trial Rules 26 and 30, so the provisions of the Trial Rules govern.
Mom of child with special needs loses appeal over termination of parental rights
C.W.’s parental rights were terminated in October 2020. She appealed, but the Court of Appeals has affirmed.
Reversal: Tax deed holder entitled to summary judgment in ownership dispute
A dispute over a misspelled name that led to two entities both thinking they owned an Indianapolis property has been resolved in favor of the entity holding the tax deed.
Marion County expects to lift mask mandate, ease capacity limits June 7
Marion County will wait until June 7 to ease its current pandemic-related restrictions, Indianapolis Mayor Joe Hogsett announced Wednesday, and could fully reopen in July if enough people get vaccinated.
COA strikes down law limiting depositions of alleged child sex abuse victims
The law enacted in 2020 received widespread support from lawmakers and prosecutors but had been challenged by the defense bar.
Activists seek 30-day review of Indiana redistricting plan
Voting rights activists are calling on Indiana legislative leaders to give the public a month for reviewing proposed new congressional and state election district maps before they are finalized.
Conservatives push big issues to fore at Supreme Court
Abortion. Guns. Religion. A Trump-fortified conservative majority is making its presence felt at the Supreme Court by quickly wading into high-profile social issues that have been a goal of the right for decades.
Trial court lacked jurisdiction in Florida dispute between professor, Russian bank
The Indiana Court of Appeals has ruled that a state trial court lacked jurisdiction to rule on a motion to quash in a Florida lawsuit involving an Indiana University professor and a Russian bank allegedly involved in a 2016 political hacking scandal.
Biden orders better access to legal services for poor, minorities
The president wrote in a memo that the pandemic “has further exposed and exacerbated inequities in our justice system” as legal services were curtailed. He added that the problems “have touched the lives of many persons in this country, particularly low-income people and people of color.”
Holcomb claims Rokita seeking to expand power of attorney general’s office
As part of his battle with the Legislature over executive powers, Indiana Gov. Eric Holcomb is accusing Attorney General Todd Rokita of creating a legal fiction in order to expand the attorney general’s “authority beyond his statutory duties and powers.”
New lawyers express their gratitude during admission ceremony
Like the two previous admission ceremonies, the Tuesday induction for the new admittees to the Indiana bar was held virtually. But this time, along with introducing themselves to the state and federal judiciary, the freshly minted lawyers took a few minutes to thank those who helped them get to this day.
Allen Co. magistrate Morgan appointed to Superior Court bench, succeeding Pratt
| IL Staff
Allen County Magistrate Lori Morgan has been named a judge of the Allen Superior Court, Gov. Eric Holcomb announced Tuesday.
Opinions May 18, 2021
Indiana Court of Appeals
Shawn Lacey v. State of Indiana (mem. dec.)
20A-CR-1689
Criminal. Affirms Shawn Lacey’s conviction of Level 5 felony battery. Finds the evidence is sufficient.
Greenwood boy, 16, sentenced in fatal shooting of another teen
A 16-year-old suburban Indianapolis boy charged as an adult in another teen’s fatal shooting has been sentenced to more than two years in prison after pleading guilty to criminal recklessness and a weapons charge.
Supreme Court won’t hear case involving the N-word
The Supreme Court is declining to hear a case that would have let the justices decide whether a single use of the N-word in the workplace can create a hostile work environment.
High court won’t make unanimous jury requirement retroactive
The Supreme Court ruled Monday that prisoners who were convicted by non-unanimous juries before the high court barred the practice a year ago don’t need to be retried.