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Opinions April 22, 2020

April 22, 2020

Indiana Court of Appeals
Joshua Anselm v. Ashley Anselm
19A-DC-2728
Domestic relation with children. Affirms the Jasper Superior Court’s award of primary physical custody of Joshua and Ashley Anselm’s children to Ashley. Reverses the order that Joshua pay for all uninsured medical expenses, and the award of $16,500 to Ashley. Finds the dissolution court entered sufficient findings and did not abuse its discretion when it awarded Ashley primary physical custody, and the court did not err when it relied on an unsigned child support worksheet to calculate Joshua’s child support obligation. But, finds the dissolution court did err when it ordered Joshua to both pay the recommended amount of child support and all uninsured health care expenses for the children. Finally, finds the dissolution court erred in awarding Ashley $16,500 based on its conclusion that the parties had $33,000 in equity in their home. Remands with instructions for the trial court to either order Ashley to pay for the first $951.60 in medical expenses or to credit Joshua with that amount toward his child support obligation, and to split the actual equity of about $10,600 between the parties.

COA affirms judgment for Indy car dealership in sale dispute

April 22, 2020 | Katie Stancombe

A consulting company could not convince the Indiana Court of Appeals that it was entitled to judgment as a matter of law in an Indianapolis car dealership dispute that it lost.

COA partially reverses for father in child expenses dispute

April 22, 2020 | Olivia Covington

A northern Indiana father failed to convince the Indiana Court of Appeals that child custody and support rulings in his divorce proceedings were erroneous, though the court did agree with his challenges to medical expenses and home equity findings.

Mock trial championship sticks with Evansville, resets date for 2021

April 22, 2020 | Marilyn Odendahl

About a month after Evansville got the heartbreaking news the National High School Mock Trial Championship would not be coming in May 2020 because of the coronavirus pandemic, the city and legal profession were told not to roll up the welcome mat just yet.

Pandemic nudges SCOTUS to hear first arguments by phone

April 22, 2020 | Associated Press

This is how the United States Supreme Court embraces technology: slowly. It took a worldwide pandemic for the court to agree to hear arguments over the telephone, with audio available live for the first time. C-SPAN plans to carry the arguments.

Remains of missing Illinois woman found in Gary woods

April 22, 2020 | Associated Press

The remains of an Illinois mother of six have been found in Northwest Indiana more than 13 months after she went missing, authorities say.

Indiana officials won’t detail nursing home virus outbreaks

April 22, 2020 | Associated Press and IL Staff

Indiana officials refused Tuesday to identify nursing homes around the state where coronavirus outbreaks have occurred, even as they disclosed that at least 43 more deaths linked to those facilities have happened in the past week.

Groups hail Indiana restrictions on stimulus check seizures

April 22, 2020 | Associated Press and IL Staff

Creditors cannot seize federal coronavirus relief payments from Indiana residents under a ruling from the Indiana Supreme Court that was applauded by groups that sought the proscription.

Lafayette officers shoot, critically wound man during pursuit

April 22, 2020 | Associated Press

Two police officers shot and critically wounded a man in a Lafayette parking lot early Tuesday after he pointed a handgun at them during a foot chase, police said.

Judges shooting defendant moves to unseal evidence, including surveillance video

April 21, 2020 | Dave Stafford

The man accused of shooting two Indiana judges in a May 1 morning melee in a downtown Indianapolis White Castle parking lot is asking a judge to unseal evidence — including surveillance video of the incident — that his attorneys say is critical to his claim that he acted in self-defense. The state counters that the request is meritless.

State reports big rise in COVID-19 deaths after reporting change

April 21, 2020 | Indianapolis Business Journal Staff and IL Staff

The Indiana State Department of Health on Tuesday said the number of positive cases for COVID-19 in the state has risen to 12,097, following the emergence of 411 more cases. A reporting change led to an additional 61 deaths, bringing the state total to 630.

Opinions April 21, 2020

April 21, 2020

Indiana Court of Appeals
Joseph D. Reed v. State of Indiana (mem. dec.)
19A-CR-2187
Criminal. Affirms Joseph Reed’s 8½-year sentence for conviction in Wayne Superior Court of Level 5 felony battery resulting in bodily injury to a public safety official with a habitual offender enhancement. Finds his sentence is not inappropriate in light of the nature of his offense and his character.

IU Maurer announces annual teaching awards

April 21, 2020 | IL Staff

Five Indiana University Maurer School of Law faculty members were honored with annual teaching awards, the law school announced last week.

US Supreme Court bans nonunanimous jury verdicts in Oregon

April 21, 2020 | Associated Press

Until Monday, Oregon was the only state that still allowed non-unanimous jury convictions. The U.S. Supreme Court ended that in a decision involving a murder conviction in Louisiana, a state which, until 2019, had also allowed non-unanimous jury convictions. But the ruling also applied to Oregon’s law.

Republican Krupp drops out of AG race, endorses new candidate Harter

April 21, 2020 | Lindsey Erdody and Indianapolis Business Journal Staff and IL Staff

One Republican is dropping out of the primary race for Indiana attorney general and endorsing a new candidate who will try to oust GOP incumbent Curtis Hill from office.

Holcomb extends stay-at-home order but eases virus restrictions on surgeries

April 21, 2020 | Associated Press

Indiana Gov. Eric Holcomb said Monday he was easing restrictions on hospitals performing elective surgeries even as the state health commissioner remained concerned over whether coronavirus infections were slowing in the state.

Imprisoned exec says COVID-19 risks justify his release

April 21, 2020 | Greg Andrews, Indianapolis Business Journal and Indianapolis Business Journal Staff

Paul Elmer, the 69-year-old former CEO of Pharmakon Pharmaceuticals, is desperately trying to win early release from federal prison in Terre Haute, saying he fears he’ll contract COVID-19 there and die.

Appeals court tosses murder conviction due to lack of jury instruction

April 20, 2020 | Katie Stancombe

A unanimous panel of the Indiana Court of Appeals threw out a man’s murder conviction Monday after finding that the Marion Superior Court abused its discretion in refusing to provide the jury an instruction on reckless homicide.

Indiana Supreme Court partially shields COVID-19 stimulus checks from debt collection

April 20, 2020 | Marilyn Odendahl

The Indiana Supreme Court issued an order Monday protecting some stimulus checks from being seized by creditors to pay past-due bills, but the decision drew a dissent from Justice Geoffrey Slaughter, who asserted the court was overstepping its role.

Opinions April 20, 2020

April 20, 2020

Indiana Court of Appeals
Kurtis L. Shorter v. State of Indiana
18A-CR-02957
Criminal. Affirms Kurtis Shorter’s aggregate 30-year sentence for conviction of Level 4 felony unlawful possession of a handgun by a serious violent felon, Class A misdemeanor possession of a synthetic drug, Class B misdemeanor possession of marijuana and his habitual offender adjudication. Finds the Elkhart Superior Court did not abuse its discretion in admitting the challenged evidence at trial. Finds the evidence is sufficient to sustain Shorter’s convictions and that the trial court did not err in denying Shorter’s motion to dismiss the habitual-offender enhancement.

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In This Issue

  • New bail legislation aims to weigh due process and public safety

  • Efforts to boost judicial safety gain steam after shooting

  • Appeals court to hear arguments over accidental release of depositional evidence to jury

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

  • Kokomo couple get a combined 50 years in prison for dealing deadly drugs

  • Tippecanoe County judge, wife in stable condition after being shot at their home

  • Nominations being accepted for the 2024 Henry Hurst Judicial Assistance Award

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

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