Articles

Opinions June 23, 2022

Indiana Supreme Court
Steven Church v. State of Indiana
22S-CR-201
Criminal. Affirms the Marion Superior Court’s denial of Steven Church’s petition pursuant to Indiana Code § 35-40-5-11.5 to obtain a deposition of his alleged child sex abuse victim. Finds the statute is not being retroactively applied to Church and is not a procedural statute that conflicts with Indiana Trial Rules. Also finds the statute is substantive because it predominantly furthers the legitimate public policy objectives within the General Assembly’s exclusive purview. Finally, finds the statute does not violate Church’s constitutional rights under the Indiana or United States constitutions. Justice Christopher Goff concurs in part and in the judgment with separate opinion.

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Opinions June 17, 2022

Court of Appeals of Indiana
Donnell Goston Sr., et. al v. State of Indiana, et al.
21A-CT-2484
Civil tort. Affirms the grant of summary judgment for the Indiana Department of Child Services and other state defendants on father Donell Goston Sr.’s negligence complaint. Finds the Marion Superior Court didn’t err in allowing DCS to file a third motion for summary judgment as the motion addressed grounds not previously brought by the agency. Also finds the Notice Statute doesn’t allow a private right of action, and the Legislature didn’t intend for the law to allow it to do so.

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Opinions June 16, 2022

Court of Appeals of Indiana
Anthony Brahimsha v. Mariana Vallejo (mem. dec.)
21A-DC-2812
Domestic relations with children. Affirms the Jasper Circuit Court’s division of the marital estate arising from the dissolution of marriage between Anthony Brahimsha and Mariana Vallejo. Finds the trial court did not abuse its discretion by including a $70,000 loan and a vehicle in the marital pot or by omitting the value of the parties’ personal assets from the marital estate. Also finds the trial court did not err in finding that Wife had dissipated marital assets. Finally, finds the trial court did not err when it deviated from an equal division of the marital estate.

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