2 northern Indiana lawyers under interim suspensions
| IL Staff
Two northern Indiana lawyers have been indefinitely suspended from practicing law in Indiana.
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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.
Expelled county councilman loses appeal
A former Starke County Council member who was expelled from public office for allegedly making bigoted statements while attending the Association of Indiana Counties conference in Indianapolis lost his attempt to regain his seat after the Indiana Court of Appeals found his arguments challenging his expulsion were “incomprehensible.”
Opinions July 28, 2021
Indiana Court of Appeals
Gregory Wilson, Sr., in his capacity as the Executive Director of the State of Indiana Civil Rights Commission v. Betty Jo Wilkening
20A-PL-1960
Civil plenary. Reverses the Lake Superior Court’s grant of judgment on the evidence in favor of Betty Jo Wilkening and against Gregory L. Wilson Sr. in his capacity as the executive director of the State of Indiana Civil Rights Commission. Finds that the trial court erred in granting Wilkening’s motion because it misinterpreted the “shall” in Indiana Code § 22-9.5-6-8 to be mandatory rather than directory in a housing discrimination suit brought against her. Remands for a new trial.
Police: Indianapolis FedEx shooter not racially motivated
The former employee who shot and killed eight people at an Indianapolis FedEx warehouse in April acted alone and was not racially or ethnically motivated, authorities said Wednesday.
Justices grant transfer in health benefits, public disclosure, forfeiture cases
| IL Staff
Indiana Supreme Court justices have agreed to consider three new cases, including a breach of contract suit over revoked health insurance benefits, a feud between an Indianapolis television station and a local high school, and a forfeiture judgment allowing owners to use seized cash for their defense.
Lake Co. dad gets new trial after potential landlord denies rental because of kids
A new trial has been ordered for a Lake County father who was refused a rental home after telling the owner that he had children.
Gun maker offers $33M to settle suit by Sandy Hook families
The maker of the rifle used in the Sandy Hook Elementary School shooting has offered some of the victims’ families nearly $33 million to settle their lawsuit over how the company marketed the firearm to the public.
IU opposing 7th Circuit injunction against vaccine mandate
Indiana University is continuing to defend its COVID-19 vaccine mandate as a group of students challenge that mandate in a federal appeals court.
Indiana Northern District part of Chicago-area gun trafficking strike force
The Northern District of Indiana is set to participate in a cross-jurisdictional strike force created to curb gun violence and break up illegal firearms trafficking across the country.
7th Circuit revives case against Indiana nursing home, finding federal law allows for private right of action
In considering the plight of a northern Indiana man whose health worsened when he was a resident of Valparaiso Care and Rehabilitation, a state-run nursing facility, the 7th Circuit Court of Appeals has aligned with the 3rd and 9th Circuits in finding patients can enforce the rights offered under the Federal Nursing Home Reform Act.
Marion County seconds CDC guidance that everyone mask up in indoor public spaces
The Marion County Public Health Department took a cue from the United States’ top public health authority Tuesday when it urged all residents, vaccinated and unvaccinated, to wear masks in enclosed public spaces.
New Albany man gets life sentence for stalking, killing estranged wife
An Indiana man has received a life prison sentence for stalking his estranged wife to Florida, shooting her and burying her body in Tennessee, court records show.
‘This is how I’m going to die’: Officers tell Jan. 6 stories
Capitol police officers testified Tuesday about their experiences during the Jan. 6 insurrection.
Opinions July 27, 2021
Indiana Court of Appeals
Terrance Leroy Smoots, Jr. v. State of Indiana
20A-CR-2101
Criminal. Affirms Terrance Smoots Jr.’s convictions of Level 5 felony battery resulting in serious bodily injury, Level 4 felony criminal confinement resulting in moderate bodily injury, Level 6 felony obstruction of justice, Level 6 felony attempted obstruction of justice and a finding that he is a habitual offender, and his 24-year aggregate sentence. Finds the state proved by a preponderance of the evidence that Smoots’ conduct was designed to prevent Robert Simmons from testifying against him, so Smoots forfeited his right to confront Simmons at trial in light of that wrongdoing and his Sixth Amendment right to confrontation was not violated by the admission of Simmons’ statements at trial. Also finds the Madison Circuit Court did not abuse its discretion in sentencing Smoots. Finally, finds Smoots’ sentence is not inappropriate.