Court of Appeals of Indiana
In the Matter of the Adoption of G.J., Minor Child, D.A. v. D.J. (mem. dec.)
22A-AD-2828
Adoption. Affirms LaGrange Circuit Court’s ruling that that the consent of D.J., father of G.J., was required for the adoption of the child by D.A., the child’s stepfather. Finds D.A. has not overcome the presumption that a trial court’s ruling in an adoption case is correct. Also, finds evidence in the record supporting the trial court’s conclusion.
Susie Talevski’s father was the catalyst behind the decision in Health and Hospital Corporation of Marion County, et al. v. Talevski, which held that the Federal Nursing Home Reform Act creates individually enforceable rights.
Read Indiana appellate court decisions from the most recent reporting period.
Edwin Joseph Rigaud v. State of Indiana (mem. dec.)
22A-CR-2545
Criminal. Affirms Edwin Rigaud’s conviction for misdemeanor reckless driving. Finds the evidence presented of Riguad driving past a stationary school bus with an extended stop arm was sufficient to support the conviction. Judge Elizabeth Tavitas concurs in result without opinion.
A defendant’s testimony about a prior unrelated felony was irrelevant to his habitual offender trial, a sharply divided Indiana Supreme Court has ruled, upholding the exclusion of that testimony.
Rene Martinez v. Kilolo Kijakazi, Acting Commissioner of Social Security
22-1820
Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Judge Robert Miller.
Civil. Vacates the district court’s denial of Rene Martinez’s application for supplemental security income. Finds the administrative law judge’s decision is not supported by substantial evidence. Remands for further consideration.
A sharply divided U.S. Supreme Court ruled Friday that the Biden administration overstepped its authority in trying to cancel or reduce student loans for millions of Americans.
The Indiana Supreme Court has vacated the preliminary injunction against the state’s controversial near-total abortion ban, reinstating the law. Lawmakers on both sides of the issue are reacting strongly.
Court of Appeals of Indiana
Thomas J. Herr v. State of Indiana
22A-PL-142
Civil plenary. Affirms the Tippecanoe Superior Court’s grant of summary judgment to the state and the denial of summary judgment to Thomas Herr on his claim that the Tippecanoe County closed primary election system is unconstitutional. Finds Herr has failed to show that Tippecanoe County’s closed primary system for electing judges violates the First or 14th Amendments, so the trial court did not err in denying his motion for summary judgment and granting the state’s. Also finds the trial court did not err in determining Tippecanoe County’s closed primary election system does not violate Herr’s right to vote under the Indiana Constitution. Finally, finds the trial court did not err in determining the closed primary system does not violate Herr’s rights under the privileges and immunities clause of the Indiana Constitution.
The U.S. Supreme Court on Thursday used the case of a Christian mailman who didn’t want to work Sundays to solidify protections for workers who ask for religious accommodations.
The Supreme Court on Thursday struck down affirmative action in college admissions, declaring race cannot be a factor and forcing institutions of higher education to look for new ways to achieve diverse student bodies.
Court of Appeals of Indiana
In the Matter of: R.G. (Minor Child) v. The State of Indiana
23A-JV-00011
Juvenile. Affirms the Lake Superior Court’s award of guardianship of R.G. to the Indiana Department of Correction following his violation of the probation he was serving after his adjudication as a delinquent. Finds the trial court did not abuse its discretion when it placed R.G. in DOC when he failed to abide by probation requirements, engaged in physical altercations in detention, and the only residential placement facility that accepted him didn’t have an opening for six to eight weeks.
The Court of Appeals of Indiana affirmed the termination of a Madison police officer after a merit board found he didn’t properly log evidence or disclose relationships with women involved in criminal cases.
A trial court did not abuse its discretion when it ordered a juvenile who violated the terms of his probation to be placed in the Indiana Department of Correction, the Court of Appeals of Indiana affirmed Wednesday.
A father’s requests for a mistrial or a reduced sentence related to his multiple convictions of sexual abuse against his daughters have failed at the Court of Appeals of Indiana.
The U.S. Supreme Court shot down a controversial legal theory that could have changed the way elections are run across the country but left the door open to more limited challenges that could increase its role in deciding voting disputes in 2024.
Indiana justices granted transfer to two cases for the week ending June 23, including one that involves Duke Energy’s nearly $2 billion economic development plan.
An Indiana trial court properly sanctioned the state by excluding a defendant’s statements related to a polygraph that was supposed to be admissible, the Indiana Supreme Court has ruled.
A man convicted of a sex crime against a minor 15 years ago in Kentucky must remain on Indiana’s sex offender registry, the Court of Appeals of Indiana affirmed Tuesday.
Indiana Supreme Court
State of Indiana v. Bryan D. Lyons
23S-CR-163
Criminal. Grants transfer and affirms the suppression of incriminating statements Bryan D. Lyons made immediately after a polygraph that was changed to a “non-stipulated,” inadmissible investigatory examination without disclosure to the state. Finds that before excluding evidence as a Trial Rule 37 discovery sanction, a trial court must find that the exclusion is the sole remedy available to avoid substantial prejudice or that the sanctioned party’s culpability reflects an egregious discovery violation. Also finds the Lawrence Superior Court’s order in Lyons’ case enforced Trial Rule 37 within those limits.