Indiana Court Decisions — May 9–21, 2019
Read Indiana appellate court decisions from the most recent reporting period.
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Contamination at justice center site concerns judges
After being home to a gas and coke facility for nearly 100 years, the land designated for the new Marion County Community Justice Center has a toxic legacy buried deep in its soil. Judges have asked for a second opinion on the environmental health of the location in the Twin Aire neighborhood of Indianapolis.
Indiana fetal disposition law upheld by U.S. Supreme Court
Indiana’s law mandating that fetal remains be either buried or cremated has been upheld by the Supreme Court of the United States in a per curiam opinion issued Tuesday that found the 7th Circuit Court of Appeals had “clearly erred” in overturning the law. However, in the same opinion, the Supreme Court let stand a ruling which blocked another Indiana law that would have prevented abortions based on the gender, race or genetic abnormality of the fetus.
Accused pediatrician’s medical license suspension extended
A Boone County pediatrician charged with sexually abusing three boys has had his medical license suspended for another 90 days. The Indiana Medical Licensing Board originally suspended 41-year-old Dr. Jonathon Cavins’ medical license in March for 90 days, until mid-June, but the board recently added another 90 days to the Jamestown man’s original suspension, meaning he’ll remain suspended until after his July trial.
Report: Detective’s contact with USA Gymnastics not a breach
An internal Indianapolis police investigation has determined a detective didn’t violate department policies by working with USA Gymnastics’ former chief executive to deflect criticism of the organization’s child abuse reporting policies. The Indianapolis Metropolitan Police Department conducted a months-long probe into the actions of Lt. Bruce Smith, an acquaintance of ex-USA Gymnastics CEO Steve Penny who formerly ran the department’s Child Abuse Unit.
Discovering long-lost family: Inheritance laws cover surprise relatives, but changes possible
Off-the-shelf DNA test kits and online genealogical searches are connecting previously unknown extended family members and sometimes alerting children their dad is actually not their biological father. Could a claim to an estate be far behind?
Hearing officer Selby sets Hill’s disciplinary case for October
The formal attorney discipline hearing against Indiana Attorney General Curtis Hill will likely be held in late October, according to former Indiana Supreme Court Justice Myra Selby, the hearing officer in his legal ethics case over accusations of sexual misconduct.
‘Red flag law’ changes narrow language, information gaps
Indiana is considered a leader in the red flag law movement that allows firearms to be confiscated from people deemed dangerous. But with language that some experts considered overly broad and potentially unconstitutional, the Indiana General Assembly revisited that legislation, known as the Jake Laird Law, during the 2019 legislative session.
Civil commitment laws shifting across states
While Indiana justices recently stressed the great public importance of proper adjudication of soaring mental health filings, states across the country are dealing with rising caseloads in no uniform way.
Contamination at new Marion County justice center site raising concerns
An independent environmental assessment of the site for the new Marion County jail and courthouse has some judges questioning if the property will pose a health hazard to the people working and visiting the courts, but others are cautioning to not let fear dictate decision-making.
Jury for gruesome Jeffersonville slaying to come from Hamilton County
The jury for a southern Indiana man accused of killing his ex-girlfriend and eating parts of her body will come from Hamilton County due to publicity about the case, officials said.
Judge rules for Hendricks County deputy in mentally ill man’s slaying
A federal judge has ruled in favor of several parties, including a Hendricks County sheriff’s deputy, after a mentally ill man was fatally shot during a welfare check.
U.S. House committee approves $135 million boost to legal aid funding
The Legal Services Corporation got a fast start in the federal budget process Wednesday after the U.S. House of Representatives Appropriations Committee approved a large financial boost of $550 million to the civil legal aid organization.
Former officer pleads guilty to battery for punching suspect
A former Fort Wayne police officer has pleaded guilty to battery and resigned after authorities say he punched a man who refused to have his blood drawn for a drunken driving investigation.
10 dogs, more than 550 birds seized in animal fighting probe
Officials say more than 550 birds and 10 dogs allegedly being kept for use in animal fighting have been rescued from properties in two Indiana counties.
Fort Wayne man pleads guilty to killing 4, including fetus
A Fort Wayne man has pleaded guilty to four counts of murder in the deaths of four people including his unborn child.
Gary lawsuit against gun makers may proceed, COA rules
A unanimous appellate panel has revived the city of Gary’s lawsuit against 10 handgun manufacturers, enabling the municipality to survive the Indiana General Assembly’s attempt to derail the legal action by amending the state’s Immunity Statute in 2015.
COA: No error in ruling over disputed gravel driveway
A dispute between two neighbors concerning who was permitted use a gravel driveway splitting their properties ended in favor of a woman who argued she paid taxes and had been using the entry for more than 20 years before her neighbors showed up.
COA reverses habitual offender enhancement
A habitual offender enhancement for a man with multiple battery convictions has been reversed after the Indiana Court of Appeals concluded his out-of-state convictions could not support such an enhancement under Indiana law.
COA orders state to reimburse $77K from illegal seizure
The state must pay back more than $77,000 to a man after seizing cash from his vehicle, the Indiana Court of Appeals has ruled, finding the money was unlawfully seized and turned over to the federal government.