7th Circuit modifies restitution, forfeiture for fraudster
An Indiana tire store manager who defrauded his company out of hundreds of thousands of dollars has been granted some financial relief but will not get the new trial he’d hoped for.
Court opinions
Articles
COA reverses mother’s neglect conviction after 13-year-old was left alone for weekend
A mother convicted of neglect of a dependent after she left her son home alone for the weekend did not actually commit that crime, the Court of Appeals of Indiana ruled in a Friday reversal.
Indiana Legislature to address abortion laws during July 6 special session; Political leaders react to Dobbs ruling
With Roe v. Wade overturned, Indiana’s Republican supermajority General Assembly plans to address the state’s abortion laws during a July 6 special session.
Supreme Court overturns Roe v. Wade; states can ban abortion
The U.S. Supreme Court has ended the nation’s constitutional protections for abortion that had been in place nearly 50 years in a decision by its conservative majority to overturn Roe v. Wade. Friday’s outcome is expected to lead to abortion bans in roughly half the states.
After Supreme Court gun decision, what’s next?
The U.S. Supreme Court has issued its biggest gun rights ruling in more than a decade. Here are some questions and answers about what the Thursday decision does and does not do.
Inmate sanctioned by COA for continued filing of frivolous lawsuits
Fed up with the increasing burden an Indiana inmate has placed on the courts with frivolous lawsuits, the Court of Appeals of Indiana has instructed trial courts to not put up with the prisoner’s misconduct any longer.
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.
Indiana justices reverse ruling permitting deposition of child sex abuse victims
The Indiana Supreme Court has swiped at a Court of Appeals of Indiana ruling that allowed a defendant accused of child sex crimes to take the deposition of his accuser, concluding that a disputed state statute preventing such depositions does not conflict with the Indiana Trial Rules.
COA reverses new trial order, reinstates jury verdict against YMCA in personal injury case
The Court of Appeals of Indiana has reversed the grant of a new trial in a personal injury case involving a local YMCA and has reinstated a jury verdict against the YMCA after it determined the trial court abused its discretion.
U.S. Supreme Court rules out suing police for Miranda violations
The U.S. Supreme Court on Thursday ruled that law enforcement officers can’t be sued when they violate the rights of criminal suspects by failing to provide the familiar Miranda warning before questioning them.
U.S. Supreme Court rules for GOP lawmakers in voter ID case
The U.S. Supreme Court gave Republican legislative leaders in North Carolina a win Thursday in an ongoing fight over the state’s latest photo identification voting law.
U.S. Supreme Court strikes New York gun law in major ruling
The U.S. Supreme Court on Thursday struck down a restrictive New York gun law in a major ruling for gun rights.
Medical billing software provider negligent in failing to preserve contracted product in spoliation suit, COA affirms
A complaint brought by a now-defunct medical billing business against a company it hired to craft a software program was properly dismissed as a sanction for spoliation of evidence, the Court of Appeals of Indiana has ruled.
COA affirms juvenile’s placement in DOC following exhaustion of ‘all reasonable efforts’
The Court of Appeals of Indiana has affirmed the placement of a Porter County juvenile in the Indiana Department of Correction following the failure of numerous and intensive rehabilitation efforts and lesser restrictive placements.
7th Circuit delays removal of Ethiopian immigrant at risk of torture in homeland
The 7th Circuit Court of Appeals has temporarily halted the removal of an Indiana immigrant to Ethiopia after it found credible his fear of torture if he is returned to the African country.
Reversal: Danville officer violated woman’s Fourth Amendment rights during traffic stop
A Danville police officer who conducted a dog sniff during a traffic stop violated a woman’s Fourth Amendment rights, the Court of Appeals of Indiana has concluded, reversing the denial of her motion to suppress.
U.S. Supreme Court limits reach of federal gun crime law
The U.S. Supreme Court on Tuesday limited the reach of a federal statute that requires stiff penalties for crimes involving a gun.
U.S. Supreme Court rejects Bayer’s bid to stop Roundup lawsuits
The U.S. Supreme Court has rejected Bayer’s appeal to shut down thousands of lawsuits claiming that its Roundup weedkiller causes cancer.
Indiana Court Decisions: June 2-15, 2022
Read Indiana appellate court decisions from the most recent reporting period.
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.