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Opinions July 26, 2021

July 26, 2021

Indiana Court of Appeals
William Hoppe, as Father and Natural Guardian of Madison Hoppe, a Minor, and Shellie and Christopher Knoll v. Safeco Insurance Company of Indiana
21A-PL-73
Civil plenary. Affirms the Hamilton Superior Court’s grant of summary judgment in favor of Safeco Insurance Company of Indiana in Safeco’s declaratory judgment action to determine whether it had a duty to indemnify their insureds, Shellie and Christopher Knoll, in a lawsuit filed by William Hoppe, as father and natural guardian of Madison Hoppe, a minor. Finds coverage under the liability section of the homeowner’s insurance policy issued by Safeco to the Knolls does not apply to bodily injury arising from the use of the golf cart. Thus, there’s no coverage under the policy for any entrustment, supervision, act, decision or omission concerning the golf cart. Also finds the trial court properly granted summary judgment to Safeco.

Insurance company prevails in appeal of golf cart accident dispute

July 26, 2021 | Katie Stancombe

Two families jointly appealing a ruling that favored an insurance company after one of their children was injured in a golf cart accident did not convince the Indiana Court of Appeals that there was a mistake in the trial court’s decision.

COA affirms custody for mom in Hamilton County divorce dispute

July 26, 2021 | Katie Stancombe

Joint custody was not a good idea for a splitting Carmel family, the Indiana Court of Appeals concluded after finding that the arrangement would have been detrimental to the parties’ young child.

Public defenders request proposals for helping at-risk youth and families

July 26, 2021 | IL Staff

The Indiana Public Defender Commission is calling for proposals of projects that will help improve the assistance offered to children and families involved in the child welfare system and prevent involvement altogether.

Rokita asks Supreme Court to stop proceedings in Holcomb lawsuit against General Assembly

July 26, 2021 | IL Staff

Indiana Attorney General Todd Rokita is asking the Indiana Supreme Court to order a trial court to stop proceedings in the governor’s lawsuit challenging a new law that allows Indiana legislators to call themselves into a special legislative session.

8 US attorney picks by Biden would include historic firsts for Indiana, nation

July 26, 2021 | IL Staff and Associated Press

Eight new individuals have been nominated by President Joe Biden for U.S. attorney positions across the country, including attorneys for Indiana’s Northern and Southern districts.

Fort Wayne man pleads guilty in woman’s fatal driveway shooting

July 26, 2021 | Associated Press

A Fort Wayne man has pleaded guilty to killing a woman who witnesses said he shot once in a driveway before standing over her and firing several more times.

Indiana businesses urge Congress to pass LGBTQ protections

July 26, 2021 | Associated Press

More than 100 Indiana businesses are urging Congress to pass legislation stalled in the Senate that would extend federal civil rights protections to LGBTQ people, saying in a letter that “discrimination is bad for business.”

Fauci says US headed in ‘wrong direction’ on coronavirus

July 26, 2021 | Associated Press

The United States is in an “unnecessary predicament” of soaring COVID-19 cases fueled by unvaccinated Americans and the virulent delta variant, the nation’s top infectious disease expert said Sunday.

Opinions July 23, 2021

July 23, 2021

7th Circuit Court of Appeals
United States of America v. Kashawn Morrow
20-2259
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Richard L. Young.
Criminal. Affirms Kashawn Morrow’s convictions on counts of Hobbs Act robbery and firearms offenses in relation to four robberies across Indiana and Ohio. Vacates the restitution award against Morrow. Finds Morrow failed to satisfy the plain error requirements to successfully challenge count 8. Also finds Hobbs Act robbery is a crime of violence. Finally, finds it was error for the district court to order restitution for property stolen during the Troy, Ohio robbery. Remands for a determination of the appropriate restitution award for the Ohio robbery.

7th Circuit says Archdiocese premature in seeking dismissal of Roncalli counselor case

July 23, 2021 | Marilyn Odendahl

The 7th Circuit Court of Appeals has dismissed an appeal in the lawsuit brought by former Roncalli High School counselor Lynn Starkey, saying the Archdiocese of Indianapolis’ turn to the appellate court was premature.

7th Circuit declines to vacate firearms convictions but reduces robbery restitution

July 23, 2021 | Olivia Covington

A man convicted in a series of armed robberies failed to convince the 7th Circuit Court of Appeals that he and his co-conspirators used a fake gun that should undermine his firearms convictions. But the appellate court did vacate part of the man’s restitution order.

Bail bondsman released from order to repay $20,000 bond

July 23, 2021 | Katie Stancombe

A bail bondsman has been freed from an order to pay up on a $20,000 bond he posted several years ago after the Indiana Court of Appeals reversed upon finding the bond had expired and was no longer forfeitable.

New restrictions on electronic devices coming to Southern Indiana District courts

July 23, 2021 | IL Staff

Citizens will have to turn off and secure their electronic devices before entering any of the federal courthouses in the Southern District of Indiana starting Aug. 2, Chief Judge Tanya Walton Pratt has announced.

Federal judiciary seeks $1.5B for security, IT, construction upgrades, including Fort Wayne courthouse

July 23, 2021 | IL Staff

The United States federal judiciary is requesting more than $1.5 billion to support courthouse security, information technology and courthouse construction projects, including funding to upgrade the U.S. District Court for the Northern District of Indiana’s Fort Wayne location.

Mississippi argues Supreme Court should overturn Roe v. Wade

July 23, 2021 | Associated Press

The U.S. Supreme Court should overturn its landmark 1973 ruling that legalized abortion nationwide and let states decide whether to regulate abortion before a fetus can survive outside the womb, the office of Mississippi’s Republican attorney general argued in papers filed Thursday with the high court.

Dems renew questions about FBI background check of Kavanaugh

July 23, 2021 | Associated Press

Senate Democrats are raising new concerns about the thoroughness of the FBI’s background investigation of Supreme Court Justice Brett Kavanaugh after the FBI revealed that it had received thousands of tips and had provided “all relevant” ones to the White House counsel’s office.

Hoosiers invited to provide comments, suggestions at redistricting meetings

July 22, 2021 | Associated Press and IL Staff

The Indiana General Assembly will be hosting a series of meetings around the state in August to get public input on the upcoming redistricting process prior to the congressional and state legislative maps being redrawn.

Experts: Spend opioid settlement funds on fighting opioids

July 22, 2021 | Associated Press

As a $26 billion settlement over the toll of opioids looms, some public health experts are citing the 1998 agreement with tobacco companies as a cautionary tale of runaway government spending and missed opportunities for saving more lives.

Opinions July 22, 2021

July 22, 2021

The following 7th Circuit Court of Appeals opinions were posted after IL deadline on Wednesday.

Joseph McCavitt v. Kilolo Kijakazi, Acting Commissioner of Social Security
20-2727
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Robert L. Miller, Jr.
Civil. Affirms the rejection of Joseph McCavitt’s petition for Social Security disability benefits for his child, N.A.M. Rejects McCavitt’s argument that N.A.M., is disabled by attention deficit hyperactivity disorder, intellectual limitations, oppositional defiant disorder, and nocturnal enuresis and that his son’s conditions meet, or are functionally equivalent to three of six “domains of functioning”. Agrees with the ALJ and Indiana Northern District Court’s finding that N.A.M. did not meet any of the listings and has a marked limitation in only one functional category. Finds substantial evidence supports that conclusion.

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In This Issue

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

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