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Opinions March 1, 2021

March 1, 2021

Indiana Court of Appeals 

In Re the Termination of the Parent-Child Relationship of: A.L. (Minor Child) and A.N. (Mother) v. Indiana Department of Child Services (mem. dec.); In Re the Termination of the Parent-Child Relationship of: G.L. (Minor Child) and A.N. (Mother) v. Indiana Department of Child Services; In Re the Termination of the Parent-Child Relationship of: R.L. (Minor Child) and A.N. (Mother) v. Indiana Department of Child Services
20A-JT-1631; 20A-JT-1633; 20A-JT-1639

Juvenile termination of parental rights. Affirms the termination of mother A.N.’s parental rights to her three children, A.L., G.L. and R.L. Finds A.N. has waived her challenge to the admission of Petitioner’s Exhibit 1 by failing to provide a cogent argument, and even if there were a discovery violation, the Jay Circuit Court did not abuse its discretion. Also finds A.N. has waived her argument that the Indiana Department of Child Services violated her due process rights because she failed to object on due process grounds in the trial court and she failed to specific any constitutional basis for her due process claim; waiver notwithstanding, her due process argument fails on the merits because she did not establish a risk of error arising from DCS’ actions. Finally, finds there is sufficient evidence to support the trial court’s termination judgment.

IU McKinney dean Bravo reflects on past, looks to future during Black History Month presentation

March 1, 2021 | Katie Stancombe

Despite being forced into a virtual format due to coronavirus concerns, the Indiana Southern District Court’s annual Black History Month event was as strong as ever with a powerful presentation from Indiana University Robert H. McKinney School of Law dean Karen Bravo.

St. Joseph JNC accepting new applications as lawsuit, legislation persist

March 1, 2021 | IL Staff

As litigation and legislation that could change the structure of judicial selection in St. Joseph County proceeds, the St. Joseph County Judicial Nominating Commission is accepting applications to fill a vacancy that will occur in the spring.

Indianapolis to relax COVID-19 restrictions starting Monday

March 1, 2021 | Associated Press

Indianapolis will relax coronavirus restrictions on the city’s bars and restaurants starting Monday ahead of the upcoming Big Ten and NCAA men’s basketball tournaments.

Finding consensus, struggling with conflict at legislative halfway mark

March 1, 2021 | Lindsey Erdody, Indianapolis Business Journal

As Indiana lawmakers prepare for the second half of the session, several key issues are awaiting further review.

J&J’s 1-dose shot cleared, giving US 3rd COVID-19 vaccine

March 1, 2021 | Associated Press

The U.S. is getting a third vaccine to prevent COVID-19, as the Food and Drug Administration on Saturday cleared a Johnson & Johnson shot that works with just one dose instead of two.

Supreme Court could put new limits on voting rights lawsuits

March 1, 2021 | Associated Press

Eight years after carving the heart out of a landmark voting rights law, the Supreme Court is looking at putting new limits on efforts to combat racial discrimination in voting.

High court tells Santa Clara it can’t bar in-person worship

March 1, 2021 | Associated Press

The Supreme Court is telling California’s Santa Clara County it can’t enforce a ban on indoor religious worship services put in place because of the coronavirus pandemic.

Trump calls for GOP unity, repeats false claims about election loss

March 1, 2021 | Associated Press

Taking the stage for the first time since leaving office, former President Donald Trump called for GOP unity, even as he exacerbated intraparty divisions by attacking fellow Republicans and promoted false claims about the election in a speech that made clear he intends to remain a dominant political force.

Justices split, let stand rulings against DOC over death penalty secrecy

February 26, 2021 | Dave Stafford

The Indiana Supreme Court has evenly split in a long-running dispute over disclosure of records concerning the state’s lethal injection drugs, clearing the way for disclosure of the records and the payment by the state of more than a half-million dollars in legal fees.

Applications open for Indiana Court of Appeals spot

February 26, 2021 | IL Staff

Lawyers and judges interested in applying for an upcoming vacancy on the Indiana Court of Appeals bench may now do so, the Indiana Supreme Court announced Friday.

Opinions Feb. 26, 2021

February 26, 2021

Indiana Court of Appeals

Heather Harvey v. Keyed In Property Management, LLC
20A-SC-01459

Small claims. Affirms the Brown Circuit Court’s damages award of $1,500 plus $125 in court costs in favor of Keyed In Property Management, finding that it was entitled to the maximum award for an LLC not represented by legal counsel under Indiana Small Claims Rule 8(C). Rejects Heather Harvey’s argument on appeal that the award was excessive and that she had been subject to constructive eviction.

Small-claims damages award upheld in cabin eviction appeal

February 26, 2021 | Dave Stafford

A woman who was evicted from a rustic Brown County cabin for unpaid rent lost her appeal Friday that argued in part the $1,500 damages award to her former landlord was excessive.

Louisville attorney’s Indiana suspension made indefinite

February 26, 2021 | IL Staff

A Louisville attorney’s suspension from practicing law in Indiana five months ago has been made indefinite due to his continuing noncooperation with a disciplinary investigation.

Justices clear Putnam County prosecutor in discipline case

February 26, 2021 | Dave Stafford

The Indiana Supreme Court has cleared the Putnam County prosecutor of alleged misconduct in an ethics case that accused him of failing to disclose a deal eliciting testimony from a reluctant witness who claimed he later was wrongly identified, placing him in danger behind bars as a “snitch.”

Suit: Police excessive force caused Indianapolis woman’s death

February 26, 2021 | Associated Press

The estate of an Indianapolis woman who died from a lack of oxygen in 2019 after officers restrained her facedown in a church is suing the city and its police department, alleging that officers caused her death by using excessive force.

Police: Officer fatally shoots Indiana woman during struggle

February 26, 2021 | Associated Press

A police officer fatally shot an eastern Indiana woman early Friday after she pulled a knife during a struggle as the officer was trying to remove her from the middle of a highway, police said.

Group asks SCOTUS to ban use of race in college admissions

February 26, 2021 | Associated Press

A group claiming Harvard University discriminates against Asian American applicants is asking the United States Supreme Court to ban the consideration of race in college admissions nationwide.

Democrats launch sweeping bid to overhaul US election laws

February 26, 2021 | Associated Press

Stacey Abrams, whose voting rights work helped make Georgia into a swing state, exhorted Congress on Thursday to reject “outright lies” that have historically restricted access to the ballot as Democrats began their push for a sweeping overhaul of election and ethics laws.

High court inclined to expand warrantless entry into homes

February 26, 2021 | Associated Press

The Supreme Court of the United States on Wednesday seemed inclined to expand when officers can enter a suspect’s home without a warrant.

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In This Issue

  • Indiana State Bar Association leads new program to support rural attorneys

  • UPDATE: Senate set to vote on heavily amended immigration bill

  • Midwest firm accuses former partners of orchestrating mass staff exodus

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

  • House committee advances bill redefining hemp, putting Indiana on path to more restrictions

  • New habeas corpus strategy is freeing some immigrant detainees

  • Midwest firm accuses former partners of orchestrating mass staff exodus

  • Widow of Delaware County sheriff’s deputy files wrongful death lawsuit against trucking companies, drivers involved in fatal crash 

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