COA affirms denial of birth mother’s consent argument in adoption dispute
A birth mother unsuccessfully argued that her consent was required for her daughter’s aunt and uncle to adopt the child, the Indiana Court of Appeals ruled Monday.
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Opinions Feb. 15, 2021
The following 7th Circuit Court of Appeals opinions were posted after IL deadline Friday:
20-3245
Petition for a writ of mandamus. Issues a writ of mandamus directing the Southern Indiana District Court to rescind the transfer order of Kevin Hall’s case to the Middle District of Florida after Hall was transferred from a federal prison in Indiana to a federal prison in Florida, thus returning the case to the Southern District of Indiana. Finds that Hall’s case is similar to Ex parte Endo, thus requiring transfer back to Indiana. Also finds that mandamus is the proper vehicle for obtaining review of a transfer decision. Finally, finds that Hall does not have an adequate remedy available through his pending motion under 28 U.S.C. § 2255, and that Hall did not need to show prejudice before pursuing his venue challenge.
COA overturns forfeiture judgment, but splits on allowing owners to use seized cash for defense
Summary judgment for the state has been overturned in an action seeking to forfeit nearly $9,000, with a majority of judges holding that owners of seized property can used seized cash to help fund their defense. A dissenting judge, however, thinks that ruling exceeds statutory limits.
7th Circuit issues writ of mandamus returning Florida inmate’s case to Indiana court
A federal inmate who was transferred from an Indiana prison to a facility in Florida will continue his habeas proceedings in Indiana federal court after the 7th Circuit Court of Appeals issued a writ of mandamus in the inmate’s favor.
7th Circuit upholds convictions, sentences in international drug scheme based in Indy
Two Hoosiers convicted for their roles in an international drug trafficking organization failed to convince the 7th Circuit Court of Appeals that their convictions and sentences were inappropriate.
Court wrongly denied pretrial home detention, COA rules
An 18-year-old woman who allegedly drove a getaway car for accomplices involved in an armed burglary was wrongly found to be a risk to the safety of the alleged victim, the Indiana Court of Appeals ruled Monday. The panel ordered the teen remain held on pretrial home detention with GPS monitoring.
Indiana Secretary of State Lawson announces resignation
Indiana Secretary of State Connie Lawson on Monday announced plans to resign from office after Gov. Eric Holcomb “selects a successor and the successor is ready to serve.” Lawson, 71, is the longest-serving secretary of state in Indiana history. She was appointed to the office by then-Gov. Mitch Daniels in March 2012 and was elected in 2014 and 2018.
Indianapolis art museum apologizes for ‘white’ job listing
The Indianapolis Museum of Art at Newfields has apologized for a job listing seeking a new director who would maintain the museum’s “traditional, core, white art audience.”
Roche Diagnostics whistleblower wins $3.6M in settlement agreement
A former manager at Roche Diagnostics Corp. who filed a whistleblower lawsuit against the Indianapolis-based company two years ago has won $3.625 million as her reward in a $12.5 million settlement agreement.
On Parkland massacre anniversary, Biden calls for tougher gun laws
President Joe Biden joined a Florida community Sunday in remembering the 17 lives lost three years ago in the Parkland school shooting massacre.
Support grows for Capitol riot inquiry after Trump acquittal
After former President Donald Trump’s acquittal at his second Senate impeachment trial, bipartisan support appears to be growing for an independent Sept. 11-style commission into the deadly insurrection that took place at the U.S. Capitol.
Trump acquitted, denounced in historic impeachment trial
| Associated Press and IL Staff
Donald Trump was acquitted Saturday of inciting the horrific attack on the U.S. Capitol, concluding a historic impeachment trial that spared him the first-ever conviction of a current or former U.S. president but exposed the fragility of America’s democratic traditions and left a divided nation to come to terms with the violence sparked by his defeated presidency.
Opinions Feb. 12, 2021
Indiana Court of Appeals
Mark Waterfill and Aegean, LLC v. Erie Insurance Exchange (mem. dec.)
20A-CP-1321
Civil plenary. Affirms the Marion Superior Court’s grant of summary judgment in favor of Erie Insurance Exchange, dismissing the appeal in a duty-do-defend dispute as untimely.
Valparaiso looking for new team name after dropping Crusaders
| Associated Press and IL Staff
Valparaiso University announced Thursday that is dropping the team name Crusaders, the school mascot and all logos associated with the term that it says has been embraced by hate groups.
Indiana GOP budget plan boosts school vouchers, smoking tax
Nearly one-fifth of a proposed state funding hike for Indiana’s schools would go toward expanding private school voucher and virtual school programs under a budget plan Republican legislators released Thursday.
Farmworkers awarded $460K in wage theft, labor trafficking judgment
A northern Indiana federal court has ordered a farm in Fowler and its owners to pay more than $460,000 in compensation and damages to nine farmworkers who alleged they were forced to work without pay, housed in abysmal conditions and threatened, among other claims.
Bill expanding long-term care visitation moves to House
Indiana lawmakers moved forward Thursday with a proposal to change visitation restrictions at the state’s health and residential care sites amid concerns about residents’ declining interactions with loved ones during the coronavirus pandemic.
Allen County judge applications open as Pratt retires
| IL Staff
The pending retirement of Allen Superior Judge Charles F. Pratt from the court’s Family Relations Division will create a judicial vacancy, and qualified candidates have until 1 p.m. March 10 to apply, the Indiana Supreme Court announced Friday.
Indiana Southern District to resume in-person jury trials in April
| IL Staff
The Southern Indiana District Court has announced plans to resume in-person jury trials in April following a months-long hiatus due to the pandemic. Jury trials in Southern District courts are expected to resume April 5, and clerk offices in all divisions will reopen to the public next week.
Biden administration to allow 25,000 asylum-seekers into US
The Biden administration on Friday announced plans for tens of thousands of asylum-seekers waiting in Mexico for their next immigration court hearings to be allowed into the United States while their cases proceed.