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Opinions March 3, 2022

March 3, 2022

Court of Appeals of Indiana
In the Matter of the Marriage of: Kristi M. McClendon v. Richard L. Triplett
21A-DR-1852
Domestic relations. Affirms the modification of custody of K.T. and D.T. in favor of father Richard Triplett. Finds mother Kristi McClendon failed to demonstrate that she was prejudiced by the denial of her motion to continue, that the Adams Circuit Court abused its discretion by allowing K.T. to testify without her parents in the courtroom, that the trial court’s denial of her motion to exclude testimony of three witnesses was erroneous or that the trial court erred by granting Triplett’s motion for modification of physical and legal custody.

COA upholds custody modification in father’s favor

March 3, 2022 | Olivia Covington

An Indiana-based father was properly awarded primary custody of his two children who until recently had lived with their mother in North Carolina, the Court of Appeals of Indiana has ruled.

IN justices affirm mother was afforded due process during virtual TPR hearing

March 3, 2022 | Olivia Covington

A mother whose parental rights were terminated after a virtual hearing via Zoom has lost her appeal at the Indiana Supreme Court, which instead adopted as precedent a Court of Appeals analysis of how the mother’s due process rights were impacted by the virtual proceedings.

Woman who lost consciousness while driving not liable for motorist’s negligence claim, COA affirms

March 3, 2022 | Olivia Covington

A woman who said she lost consciousness while driving before causing a serious accident demonstrated that her medical emergency was unforeseeable, the Court of Appeals of Indiana has affirmed, upholding a summary judgment ruling in favor of the woman on a negligence claim.

Indiana bill to close rape law loophole heads to governor

March 3, 2022 | Associated Press

A bill that seeks to redefine rape and consent in Indiana is headed to the governor’s desk after state lawmakers gave it their final approval on Wednesday.

2 teens charged in slaying of a retired Gary firefighter

March 3, 2022 | Associated Press

Two teenage boys have made their first court appearances after being charged in the slaying of a retired Gary firefighter who was a member of the high school basketball team that won the 1968 state title.

Democrats see ‘no reason to wait’ on Supreme Court vote

March 3, 2022 | Associated Press

Supreme Court nominee Ketanji Brown Jackson began courting senators on Capitol Hill, making her case for confirmation in private meetings as Democrats work to move her through the Senate within weeks.

Checking in? Notorious hotel the setting of high court case

March 3, 2022 | Associated Press

The Smuggler’s Inn, a bed-and-breakfast on the U.S.-Canada border that officials say is a magnet for illegal border crossings, was the setting of a case heard Wednesday at the Supreme Court.

Indiana Southern District Court lifts mask, social distancing mandates

March 2, 2022 | IL Staff

Visitors of the federal courthouses in the Southern District of Indiana will no longer be required to wear face coverings or socially distance while entering and occupying public spaces beginning next week, according to a Wednesday order from Chief Judge Tanya Walton Pratt.

Lying to client about filing lawsuit gets Indy attorney at least 1-year suspension

March 2, 2022 | IL Staff

An Indianapolis attorney has been suspended from the practice of law for no less than one year without automatic reinstatement after he lied to a client about filing a lawsuit on her behalf and failed to inform her that she may have had an actionable malpractice claim against him.

Opinions March 2, 2022

March 2, 2022

Court of Appeals of Indiana
Rhonda R. Parkevich v. State of Indiana (mem. dec.)
21A-CR-1385
Criminal. Affirms and reverses in part the order for Rhonda R. Parkevich to pay restitution upon her conviction of Level 6 felony theft. Finds Parkevich waived her right to dispute her ability to pay her ordered restitution, and the Cass Superior Court didn’t err by determining she had the ability to pay. Also finds the trial court abused its discretion by failing to fix the manner of payment and by awarding restitution for a loss that is not the direct and immediate result of the offense in this case. Remands with instructions to impose restitution in the amount of $36,632, determine a payment schedule and fix the amount of the payments.

Indy-area news orgs defeat defamation claim filed by pro-police nonprofit

March 2, 2022 | Olivia Covington

A pro-police organization that was once accused of being a “scam” has lost its defamation claim against two Indianapolis-area news organizations.

Indianapolis man pleads guilty in real estate rental fraud scheme

March 2, 2022 | Indianapolis Business Journal Staff and Associated Press

An Indianapolis man pleaded guilty Tuesday to running a real estate fraud scheme that defrauded investors of millions of dollars.

Troubled Lakeside Pointe apartment complex acquired; lawsuit shelved

March 2, 2022 | Leslie Bonilla Muñiz, Indianapolis Business Journal

The long-troubled Lakeside Pointe at Nora apartment complex — under threat of a city nuisance lawsuit — has a new owner. The change in ownership means city and local heath officials will shelve — for now — a “test case” lawsuit under Indiana’s nuisance law.

Indiana lawmakers send trans girls sports ban to governor

March 2, 2022 | Associated Press

Indiana lawmakers gave final approval Tuesday to a Republican-backed bill that would ban transgender women and girls from participating in school sports that match their gender identity, sending it to the governor to decide whether it will become law.

Prosecutor: Marshall Co. deputy justified in motorist’s killing

March 2, 2022 | Associated Press

A northern Indiana sheriff’s deputy won’t be charged in the fatal shooting of a motorist who fled an attempted traffic stop and eventually pinned the deputy between two vehicles.

Mom of murdered 11-month-old sentenced to 2.5 years

March 2, 2022 | Associated Press

A judge has sentenced the mother of a murdered 11-month-old northern Indiana girl to 2½ years in jail.

Supreme Court nominee Jackson heading to Capitol Hill

March 2, 2022 | Associated Press

Supreme Court nominee Ketanji Brown Jackson will meet with congressional leaders on Wednesday, taking her first steps toward confirmation as Senate Democrats and the White House are pushing for a swift timeline.

Justices seem to favor docs convicted in pain pill schemes

March 2, 2022 | Associated Press

In a case stemming from the opioid addiction crisis, the Supreme Court on Tuesday appeared ready to side with two imprisoned doctors who wrote thousands of prescriptions for pain medication in short periods.

State of the Union: Biden vows to halt Russia, hit inflation

March 2, 2022 | Associated Press

Addressing a concerned nation and anxious world, President Joe Biden vowed in his first State of the Union address Tuesday night to check Russian aggression in Ukraine, tame soaring U.S. inflation and deal with the fading but still dangerous coronavirus.

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In This Issue

  • New bail legislation aims to weigh due process and public safety

  • Efforts to boost judicial safety gain steam after shooting

  • Appeals court to hear arguments over accidental release of depositional evidence to jury

Most Read
  • Firing squad, gas execution methods move out of Indiana House committee

  • Kokomo couple get a combined 50 years in prison for dealing deadly drugs

  • Tippecanoe County judge, wife in stable condition after being shot at their home

  • Nominations being accepted for the 2024 Henry Hurst Judicial Assistance Award

  • Shooting of Tippecanoe County judge was gang-related hit, authorities say

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