Mom not denied due process in TPR case involving unrecorded evidence statements
A Madison County mother was not denied due process in her termination of parental rights case, the Indiana Court of Appeals has affirmed.
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COA reduces 300-year child molesting sentence
A man convicted on numerous counts of child molesting had his 300-year sentence slightly reduced after the Indiana Court of Appeals found no evidence in the record to support one of his convictions.
Sentence affirmed for drug distributor in guideline calculation dispute
The 7th Circuit Court of Appeals has affirmed a man’s 23-year sentence for his drug and firearms convictions despite his assertion that the district court erred by including both uncharged and acquitted drug amounts in his guideline calculation.
COA allows Insurance Dept. claim in name of deceased individuals to proceed
A proposed complaint before the Indiana Department of Insurance was not void just because it was filed in the name of a deceased person on behalf of a deceased victim of alleged medical malpractice, the Indiana Court of Appeals has ruled.
7th Circuit affirms findings that immigrant’s marriage was a ‘sham’
A woman who emigrated to Indiana from Nigeria after marrying her now ex-husband was denied a petition to stay in the United States after the 7th Circuit Court of Appeals affirmed the adverse credibility findings of two immigration judges that her marriage was a sham.
IU students standing behind opposition to vaccine mandate; injunction ruling could come soon
The 7th Circuit Court of Appeals could soon decide whether to enjoin Indiana University’s COVID-19 vaccine mandate as the students challenging the mandate continue to argue it’s unconstitutional.
More Indiana counties join second-highest virus risk group
The number of Indiana counties approaching high risk for community spread of COVID-19 nearly quadrupled in one week as an especially contagious coronavirus variant spread throughout the state.
Is Biden overlooking Bureau of Prisons as reform target?
President Joe Biden took quick action after his inauguration to start shifting federal inmates out of privately run prisons, where complaints of abuses abound.
Congress passes bill to fund Capitol security, Afghan visas
Congress overwhelmingly passed emergency legislation Thursday that would bolster security at the Capitol, repay outstanding debts from the violent Jan. 6 insurrection and increase the number of visas for allies who worked alongside Americans in the Afghanistan war.
Justices make changes to appellate, trial, small claims, administrative rules
| IL Staff
Changes have been made to a number of the state’s criminal, trial, small claims and administrative rules, including changes to rules governing the unavailability of judges and filing motions to correct errors.
Lawsuit seeks report on AG’s former private sector job
A lawsuit filed Wednesday in Marion Superior Court is giving fresh scrutiny to Indiana Attorney General Todd Rokita’s continued employment at a private company while he was beginning his term as the state’s top lawyer.
Indy launches tenant advocate program as eviction moratorium ends
A new tenant advocate program will put a housing liaison in every small claims court in Marion County during an expected surge in evictions, Mayor Joe Hogsett’s administration announced Thursday.
Gary sues tech firm to regain Genesis Center, housing site
The Gary Redevelopment Commission is suing to regain the city’s Genesis Center and former Ivanhoe Gardens housing site from Akyumen Industries after the California-based tech company reneged on two contracts, the mayor said.
2 northern Indiana lawyers under interim suspensions
| IL Staff
Two northern Indiana lawyers have been indefinitely suspended from practicing law in Indiana.
Opinions July 29, 2021
Indiana Court of Appeals
State of Indiana v. Aaron L. Riggs, II
20A-CR-2144
Criminal. Affirms the Daviess Superior Court’s order holding that Indiana Code § 35-40-5-11.5 was unenforceable because it conflicts with the trial rules, and granting defendant Aaron L. Riggs II’s request to depose the alleged child victim in his child molesting case. Finds that any substantive provisions of the child deposition statute do not exempt the procedural provisions of the statute from the general rule that Indiana Trial Rules supersede conflicting procedural statutes. Also finds that the procedural provisions of the statute conflict with the trial rules, so the procedural provisions are unenforceable.
COA again strikes down statute limiting depositions of alleged child sex abuse victims
The Indiana Court of Appeals has once again ruled against a statute limiting the deposition of alleged victims in child molesting cases, finding that the Indiana Trial Rules take precedence over the statute’s procedural elements.
IU Health specialist: ‘We have an epidemiological situation that is worsening’
On Tuesday, the Centers for Disease Control and Prevention recommended that people should mask up in indoor public spaces — even if they’re fully vaccinated — in communities where the coronavirus has substantial or high transmission, which includes most of central Indiana. To help make sense of the news, the Indianapolis Business Journal talked to Dr. Cole Beeler, an infectious disease specialist at Indiana University Health.
Clarksville man charged after woman’s decapitated body found
A southern Indiana man has been charged with murder after firefighters found a woman’s decapitated, mutilated body inside her burning apartment, hours before police allegedly found her missing body parts in a suitcase in the suspect’s home.
Feds seek money in Nassar’s prison account for restitution
U.S. prosecutors asked a judge Wednesday to order the Federal Bureau of Prisons to transfer all money in Larry Nassar’s prison account — about $2,000 — to help provide restitution to five victims as part of his 60-year child porn sentence.
Report: Hate crime laws lack uniformity across the US
More than half a century since they were modernized, hate crime laws in the U.S. are inconsistent and provide incomplete methods for addressing bias-motivated violence, according to a new report by advocates for better protections.