For first time, private virtual schools seek to accept vouchers in Indiana
Two new private schools hope to join the growing wave of online education in Indiana and accept state funded-vouchers to subsidize tuition—a first for virtual schools.
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Opinions June 2, 2021
Indiana Court of Appeals
Edward Koziski v. State of Indiana
20A-CR-1889
Criminal. Affirms and reverses in part Edward Koziski’s convictions of two counts of Level 1 felony child molesting and one count each of Level 5 felony criminal confinement and Level 5 felony kidnapping. Finds the test in Wadle v. State, 151 N.E.3d 227 (Ind. 2020) applies. Also finds that under Wadle, Koziski’s Level 1 felony convictions do not violate double jeopardy. Finally, finds Koziski’s Level 5 felony convictions do violate double jeopardy under Wadle, because confinement is an included offense of kidnapping. Remands with instructions to vacate Koziski’s conviction and sentence for Level 5 felony criminal confinement.
Justices consider failure-to-mitigate defense in car crash damages dispute
A dispute over damages stemming from a high school car accident largely comes down to one question: Did the injured teen make her concussion worse by not following post-concussion “protocols”?
COA upholds child molesting convictions but tosses confinement conviction as double jeopardy
A Marion County man who molested a preteen girl failed to persuade the Indiana Court of Appeals that two of his child molesting convictions violated double jeopardy protections, though the appellate court did agree to vacate a lesser conviction of criminal confinement on double jeopardy grounds.
Longtime Kroger Gardis & Regas partner Syd Steele dies at 81
| IL Staff
Steele co-founded Lowe Gray Steele & Darko in 1970. He moved to Kroger Gardis & Regas in 2003. He never slowed down at work, even in his later years, KRG partner and longtime friend Jim Knauer said.
Key funder of legal aid seeks $1B to address pandemic-induced needs
The request comes from Legal Services Corp., which provides the majority of Indiana Legal Services’ budget.
Pittman family members settle lawsuits over real estate holdings
The deal paves the way for two previously approved mixed-use real estate projects in Carmel and Zionsville to finally move forward.
Pot users welcome: Amazon to stop testing jobseekers for cannabis
Amazon said Tuesday that it will stop testing jobseekers for marijuana. The company, the second-largest private employer in the United States behind Walmart, is making the change as states legalize cannabis or introduce laws banning employers from testing for it. In March, a New York man sued Amazon, saying the company rescinded his job offer […]
COA reinstates case alleging Crawford County clerk withheld public records
Rebekah Atkins had filed a complaint alleging the Crawford County clerk was creating fake court records pertaining to Atkins’ identity and, along with the clerk’s office and its employees, was denying Atkins access to records she claimed belonged to her.
Opinions June 1, 2021
Indiana Court of Appeals
In Re: the Adoption of K.T.; J.J. and C.T. v. G.C. and C.B.
20A-AD-2102
Adoption. Affirms the order finding that mother C.T. and father J.J.’s consent to the adoption of their minor child, K.T., was not necessary. Finds the Fulton Circuit Court did not err as a matter of law when it considered whether C.T. and J.J.’s consents to the adoption were required despite an ongoing CHINS proceeding with K.T. Also finds the record supports the trial court’s findings that J.J.’s consent to the adoption is not required, and the court’s findings support its judgment dispensing with J.J.’s consent.
Parents’ consent to adoption not required, COA affirms
A mother and father with lengthy criminal records and a history of instability did not have to consent to the adoption of their daughter, the Indiana Court of Appeals affirmed.
Supreme Court upholds tribal police in traffic stop, search
The justices unanimously reversed an appellate ruling in favor of a non-Native motorist who was charged with drug-related crimes after a tribal officer searched his pickup truck on a public road that crosses the Crow reservation in Montana.
Justices reject Johnson & Johnson appeal of $2B talc verdict
The justices did not comment in rejecting the company’s appeal. The company argued that it was not treated fairly in facing one trial involving 22 cancer sufferers who came from 12 states and different backgrounds.
Supreme Court ruling gives immigrant facing deportation hope
A Guatemalan man who lived in a Massachusetts church for more than three years to avoid deportation said Tuesday he’s hopeful a recent U.S. Supreme Court decision boosts his efforts to remain in the country.
Indiana University giving students option on COVID-19 vaccine proof
IU said that under the revised requirement students and employees would be able to attest to their vaccination without having to provide immunization documentation.
Supreme Court to hear arguments in classmates’ personal injury damages dispute
| IL Staff
The case involved the amount of damages Sydney Renner was entitled to after a 2016 accident that left her with a concussion.
Son loses appeal of felony battery conviction against mother
The case stems from a physical altercation between Michael McMillen and his mother, Leshia Beers, in their Lafayette home in February 2020.
Holcomb says he won’t block IU vaccine requirement
Indiana’s governor says he won’t prevent Indiana University from requiring proof of COVID-19 vaccinations for all students and employees, despite many state officials arguing against that policy.
Evansville woman pleads guilty to absentee ballot charge
Jan Reed, 69, admitted to illegally mailing hundreds of absentee voter applications before the 2020 Indiana primary election.
Opinions May 28, 2021
Indiana Court of Appeals
Sandra A. King and Danielle D. Benge v. Dan Dejanovic and Alice Dejanovic
20A-PL-2366
Civil plenary. Affirms the order for Sandra A. King and Danielle D. Benge to remove or reduce the size of their pole barn within 90 days. Finds that even though there are other violations of the covenants in the subdivision, they are on the “other” side of the subdivision and “not practically within sigh” of the property owned by Dan and Alice Dejanovic. Also finds the Dejanovics’ failure to object to the other violations does not deprive them of the right to enforce the covenant for a violation right next door that directly interferes with the use and enjoyment of their property.