Supreme Court rules against Navajo Nation member
The U.S. Supreme Court ruled Monday that Native Americans prosecuted in certain tribal courts can also be prosecuted based on the same incident in federal court, which can result in longer sentences.
Court opinions
Articles
COA finds unavailability of ‘essential witnesses’ key to delay in CHINS case
The Court of Appeals of Indiana has found a juvenile court that reset four times a factfinding hearing for a CHINS petition and, consequently, exceeded the 120-day statutory deadline did not abuse its discretion because the Indiana Department of Child Services needed extra time to procure the testimony of two physicians.
Opinions June 10, 2022
Court of Appeals of Indiana
In the Matter of R.A.M.O, Child in Need of Services, D.F., Mother, v. Indiana Department of Child Services
21A-JC-1873
Juvenile CHINS. Affirms the Johnson Circuit Court’s determination that R.A.M.O is a child in need of services. Finds the trial court did not abuse its discretion by resetting the factfinding hearing beyond the 120-day time limit established in Indiana Code section 31-34-11-1(b). Rejects mother’s claims that the juvenile court’s decision to continue the matter violated her right to due process and that she was denied the effective assistance of counsel.
Opinions June 9, 2022
Thursday’s opinions
Court of Appeals of Indiana
Five Star Roofing Systems, Inc. D/B/A Five Star Commercial Roofing Systems Inc. v. Armored Guard Window & Door Group, Inc. D/B/A Pendleton Enterprises, Inc.
21A-PL-1964
Civil plenary. Affirms the grant of summary judgment, damages, and attorney fees in favor of Armored Guard Window & Door Group, Inc., doing business as Pendleton Enterprises, Inc. against Five Star Roofing Systems, Inc. Reverses the award of prejudgment interest with respect to the date the prejudgment interest began to accrue. Remands with instructions for the court to determine the appropriate amount of interest from Feb. 9, 2016.
Indiana Court Decisions: May 19-June 1, 2022
7th Circuit Court of Appeals Published May 18, posted to theindianalawyer.com on May 19 Danielle Albert v. Kilolo Kijakazi, Acting Commissioner of Social Security 21-2592 7th Circuit affirms denial of disability benefits, urges petitioner to ‘give work a shot’ A northern Indiana woman who applied for Social Security disability benefits shortly after graduating from high […]
Opinions June 2, 2022
Court of Appeals of Indiana
Joseph L. Wilson v. State of Indiana
21A-CR-2308
Criminal. Affirms the denial of Joseph L. Wilson’s motion to modify his sentence. Finds Wilson has not demonstrated that the Jay Circuit has authority to modify his sentence while he is on parole.
COA: Parole not part of sentence modification statute, trial court lacked authority to modify to probation
An Indiana man’s request to modify his sentence to probation instead of parole has been denied by the Court of Appeals of Indiana, as it concluded the trial court didn’t have authority to make the change.
7th Circuit affirms judgment to Eskenazi in dental hygienist’s discrimination suit
A dental hygienist who claimed she did not get a pay raise as a result of racial discrimination lost her appeal of the judgment in favor of her employer at the 7th Circuit Court of Appeals.
Opinions June 1, 2022
Court of Appeals of Indiana
Timothy DeWayne Forshee v. State of Indiana (mem. dec.)
21A-CR-2228
Criminal. Affirms Timothy DeWayne Forshee’s sentence to an aggregate of five years executed for his convictions of three counts of Level 5 felony sexual misconduct with a minor. Finds the Madison Circuit Court did not abuse its discretion in sentencing Forshee. Also finds Forshee’s sentence is not inappropriate.
COA reverses granddaughters’ attorney fees award
Two women who won attorney fees against their grandmother’s estate were hit with a reversal Tuesday from the Court of Appeals of Indiana.
Justices deny rehearing in Duke Energy coal-ash cleanup case; Goff dissents
Duke Energy will not get a second chance to convince the Indiana Supreme Court that it erred in ruling the utility cannot recoup its past costs for coal-ash cleanup efforts.
Justices to rule in gun case with US raw from mass shootings
With mass shootings in Texas, New York and California fresh in Americans’ mind, the U.S. Supreme Court will soon issue its biggest gun ruling in more than a decade, one expected to make it easier to carry guns in public in some of the nation’s largest cities.
7th Circuit affirms dismissal of Indiana homeowners’ suit over Lake Michigan beach ownership
Continuing a yearslong legal battle over property rights along Indiana’s Lake Michigan shoreline, the 7th Circuit Court of Appeals upheld the dismissal of a lawsuit brought by property owners who claimed an Indiana Supreme Court decision upholding public rights to the shoreline constituted an unlawful taking of their property.
Adoption case remanded to determine if man is child’s ‘legal’ father
An Indiana man who claims he is the “legal,” but not biological, father of a child has successfully challenged a lower court ruling that his consent to the child’s adoption was not required. The adoption case will now return to the trial court, where a judge must determine if the man actually is the child’s “legal” father.
COA splits over custody modification, rules against mom who proceeded pro se after attorney quit
A split Court of Appeals of Indiana has affirmed a child custody switch from mother to father, finding that although the mother had to proceed pro so at the custody hearing, she was not prejudiced by the denial of her motions to continue after her counsel quit.
Biden administration opposes airlines in lawsuit over crew breaks
The Biden administration has sided against the airline industry and urged the U.S. Supreme Court on Wednesday to uphold a California law that would provide more rest and meal breaks than airline crews are guaranteed under federal rules.
Man charged with 41 felonies loses bond reduction appeal
A man facing 41 felony charges will not have his bail reduced after the Court of Appeals of Indiana determined the consequences of his case could prove “severe.”
Abortion restrictions likely coming to Indiana if draft opinion is published
Since the leak earlier this month of a draft opinion indicating Roe v. Wade and Planned Parenthood v. Casey will be overturned, U.S. Senate Democrats have failed to codify the right to an abortion. Meanwhile, Republican-led states including Indiana have indicated they are prepared to tighten restrictions once the opinion is published this summer.
Current, former Indiana justices, judges react to SCOTUS leak
“Disappointed,” “stunned” and “saddened” were just a few of the words former and current Indiana appellate justices and judges used to describe how they felt about the recent leak in the nation’s highest court.
Indiana Court Decisions – May 5-18, 2022
Read Indiana appellate court decisions from the most recent reporting period.