Articles

RFRA defense fails to stop child abuse prosecution

A Lawrence County man tried to defend himself against child abuse charges by asserting his right to religious freedom, but the Court of Appeals of Indiana found the state’s Religious Freedom Restoration Act did not apply in his case because the prosecution demonstrated it had chosen the least restrictive means to advance the state’s compelling interest in protecting children.

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Justices remand appeal of moot commitment order, clarify precedent on public-interest exception in commitment cases

Despite her involuntary commitment order having long since expired, a woman will be permitted to challenge the order at the Court of Appeals of Indiana after the Indiana Supreme Court issued a decision clarifying its precedent on how appellate courts should review involuntary commitment cases that have become moot. A dissenting justice, however, repeated previous concerns about the majority’s approach to the public-interest mootness exception.

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COA: Geist Lake homeowners had authority to create association

A group of homeowners argued that their feud with the developer of their subdivision put an issue of first impression before the Court of Appeals of Indiana, but the appellate panel ruled it did not have to rule on the larger issue because of the “clear and unambiguous language” of the declaration governing the use of the homeowners’ properties.

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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 […]

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