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Opinions Aug. 25, 2020

Indiana Supreme Court
Benjamin S. Smith v. Franklin Township Community School Corporation
20S-CT-98
Civil tort. Affirms the denial of Benjamin Smith’s motion for reinstatement of his lawsuit against Franklin Township Community School Corporation. Finds Smith cannot use a Trial Rule 41(F) filing to collaterally attack the merits of the dismissal order. Also finds Smith failed to preserve a substantive challenge to the dismissal decision, so the Marion Superior Court acted within its discretion when it denied his motion for reinstatement.

Divided appeals panel upholds termination of dad’s parental rights

| Dave Stafford

A father who disregarded court-mandated drug screens, left his child with a relative and refused to participate in services lost his termination of parental rights appeal Tuesday. One judge, however, would have reversed based on the facts of a case that began with the child’s removal due to mother’s drug use and what the dissenting judge saw as “an effort to punish Father.”

Federal appeals court finds parts of anti-riot law violate free speech

| Associated Press

A federal appeals court on Monday upheld the convictions of two members of a white supremacist group who admitted they punched and kicked counter-demonstrators during the 2017 “Unite the Right” rally in Charlottesville, Virginia. However, the panel found that part of an anti-riot law used to prosecute them “treads too far upon constitutionally protected speech.”

NY AG probes if Trump pumped up value of estate, assets

| Associated Press

New York’s attorney general asked a court Monday to compel some of President Donald Trump’s business associates, including his son, Eric, to testify and turn over documents as part of her investigation into whether the president’s company lied about the value of its assets in order to get loans or tax benefits.

Southern District to resume jury trials next week

| IL Staff

The Indiana Southern District Courts will resume jury trials next week following a COVID-19 suspension that’s been in effect since March. Potential jurors still may be excluded from service upon a showing of “undue hardship or extreme inconvenience,” the court said.

Opinions Aug. 24, 2020

Indiana Court of Appeals
Shiel Sexton Company, Inc., et al. v. Joshua Towe
18A-CT-01446
Civil tort. Affirms in part the Marion Superior Court’s grant of summary judgment to Joshua Towe as to Circle B Construction Systems’ assumption of a duty to protect Towe. Remands for further proceedings as to breach, causation, and damages. However, reverses the trial court’s grant of summary judgment to Towe as to the assumption of a duty by Shiel Sexton, and remands for the trial court to enter summary judgment for Shiel Sexton as it had no duty to protect Towe.

COA affirms man’s child molesting conviction, sentence

| Katie Stancombe

The Indiana Court of Appeals has affirmed a man’s child molesting conviction and sentence after finding, among other things, that his due process rights were not violated after he was found to be a sexually violent predator pursuant to Indiana Code section 35-38-1-7.5.

Protests erupt after Wisconsin police shoot Black man

| Associated Press

Police in the southeastern Wisconsin city of Kenosha shot and wounded a Black man, apparently in the back, after responding to a call about a domestic dispute, setting off a night of protests and unrest in which officers fired tear gas and demonstrators apparently hurled objects and set fire to parked cars.

25 years after son’s killing in East Chicago, mom seeks answers

| Associated Press

William “Bill” Graber died after he was shot once in the chest Aug. 2, 1995, while hanging out with friends on a corner in the 800 block of West 149th Street in East Chicago — about a block away from the apartment he shared with his mother.  Graber’s family didn’t know anyone who’d been murdered before he was killed, said his mother, Mary Katherine Laird. “We lost a son,” she said. “We lost our home.”

Operation Legend puts focus on violent crime, not politics

| Associated Press

President Donald Trump  and Attorney General William Barr have touted Operation Legend, spread across nine U.S. cities including Indianapolis, as a much-needed answer to spiking crime that Trump claims is caused, at least in part, by the police reform movement and protests that have swept the U.S. since George Floyd’s death in May.