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Opinions Dec. 13, 2018

Indiana Court of Appeals 
Matthew Edward Greer v. State of Indiana
18A-CR-404
Criminal. Affirms Matthew Greer’s conviction for Level 1 felony child molesting; Level 3 felony vicarious sexual conduct; Level 4 felony incest; Level 6 felony performing sexual conduct in the presence of a minor; and Class A misdemeanor resisting law enforcement. Finds the prosecutor did not commit misconduct during D.G.’s deposition, and Greer failed to establish fundamental error.

COA again addresses summarily approved commitment orders, finds timeliness waiver

The Indiana Court of Appeals has once again weighed in on the issue of whether commitment orders approved only summarily by a trial court judge are valid, finding Thursday that a civil commitment litigant waived her challenge of the allegedly defective order by not raising the issue in trial court. The appellate panel also found sufficient evidence to support a finding that the litigant was gravely disabled.

Father loses appeal of conviction for molesting son

A Madison County father convicted of molesting his son has lost his appeal of his conviction, with the Indiana Court of Appeals finding statements a prosecutor made during the son’s deposition were reasonable and non-threatening.

Police: Teen, officers exchange gunfire at middle school

A teenage suspect and police officers exchanged gunfire outside a Richmond middle school Thursday morning before the boy ran inside and killed himself, authorities said. Indiana State Police Sgt. John Bowling said no one else at Dennis Intermediate School or any officers were injured during the shooting.

Lake County last to adopt e-filing in 2018

Lake County has officially adopted electronic filing, making it the last county that will roll out e-filing this year. That leaves seven counties left to implement e-filing, three of which have yet to deploy the Odyssey electronic case management system. 

‘Dirty deeds’: Ex-Trump lawyer Cohen gets 3 years in prison

Michael Cohen, President Donald Trump’s one-time fixer, was sentenced Wednesday to three years in prison for crimes that included arranging the payment of hush money to conceal his boss’ alleged sexual affairs, telling a judge that he agreed time and again to cover up Trump’s “dirty deeds” out of “blind loyalty.”

Indiana Secretary of State investigating Johnson County Election Day glitch

Indiana Secretary of State Connie Lawson said Tuesday in a statement that her office is investigating Johnson County’s problematic electronic poll books and hopes “to determine the root cause of the problem" after the poll books that are used to check in voters before they cast a ballot kept freezing on Nov. 6, stalling several voting machines and preventing some people from voting.

Elkhart couple sentenced in hit-and-run that killed 3

A northern Indiana couple has been sentenced in a hit-and-run crash that killed two children and a man. Leonard Grosswiler was sentenced to 15 years, with 10 years to be served in prison and the rest in community corrections and on probation, while Penelope Grosswiler received 2 ½  years, with six months suspended to probation, in connection with the deaths of 8-month-old Dolly Thomas, 11-year-old Courtney Smith and 22-year-old Shawn Wolcott.

Indiana lawyer charged with fraud in alleged investment scheme

A lawyer who formerly worked in northern Indiana and already was ordered to repay more than $2.5 million to clients now is facing criminal charges. Federal prosecutors say 61-year-old Sven Eric Marshall, formerly of South Bend, is facing five counts of mail fraud for allegedly running an “elder abuse scam” through an investment company named Trust & Advisory Services of Indiana Inc.

Police say teen shooting suspect killed at Indiana middle school

Authorities say a teenage suspect has been killed at a Richmond middle school. Indiana State Police said in a Twitter post that no other students were reported injured in Thursday morning’s shooting at Dennis Middle School in Richmond.

Opinions Dec. 12, 2018

Indiana Court of Appeals 
Kelly Sickafoose v. Mary Beery, Auditor of Adams County
18A-MI-1549
Miscellaneous. Affirms the denial of Kelly Sickafoose’s motion for rule to show cause why the Adams County auditor should not be held in contempt. Finds the Adams Superior Court did not err in the denial and that Sickafoose’s filings were frivolous. Also finds an award of appellate attorney’s fees is warranted. Remands to the trial court for a determination of the amount of appellate fees that should be awarded to the auditor. Judge Mark Bailey dissents with separate opinion. 

Hoosier attorneys selected for public interest Skadden Fellowship

Two Hoosier attorneys that survived a rigorous application process with more than 150 other applicants nationwide have been selected by the Skadden Fellowship Foundation to address public interest issues in their Indiana communities as 2019 fellows.

Familiar names return to We the People winner circle

Hamilton County teams took home top honors in the Indiana We the People high school and middle school state finals held Sunday through Tuesday in Indianapolis. The first-place finishers now have the chance to compete for national titles.

Justices grant transfer to smartphone self-incrimination appeal

The Indiana Supreme Court granted one petition to transfer last week, agreeing to hear a case of first impression in which law enforcement officers were barred from forcing a woman to unlock her smartphone as part of a criminal investigation.

Fight over Indiana abortion law still waiting at U.S. Supreme Court

While the Supreme Court of the United States has yet to agree to hear an abortion rights case this term, a petition from Indiana regarding its law regulating the disposal of fetal remains and prohibiting women from terminating their pregnancies based on race, sex or disability remains under consideration. Indiana filed a writ of certiorari after the 7th Circuit Court of Appeals upheld a preliminary injunction against 2016's House Enrolled Act 1337.

DCS budget could grow significantly next year

The Indiana Department of Child Services is requesting a 42 percent increase in its budget next year compared to the funding it was designated to receive this year in the previous budget cycle. The proposed budget from DCS would include $965 million from the state’s general fund per year for the next two fiscal years. 

Trump administration asks Supreme Court to allow asylum ban

The Trump administration is asking the Supreme Court to allow enforcement of a ban on asylum for any immigrants who illegally cross the U.S.-Mexico border. The administration said in court papers filed Tuesday that the nationwide order preventing the policy from taking effect “is deeply flawed” and should be lifted pending an appeal that could reach the high court.