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Opinions Feb. 17, 2022

February 17, 2022

Court of Appeals of Indiana
Contrell J. Scruggs v. State of Indiana (mem. dec.)
21A-CR-1426
Criminal. Affirms Contrell Scruggs’ conviction of Level 5 felony possession of methamphetamine. Finds the state presented sufficient evidence to support Scruggs’ possession of meth conviction.

House committee removes ‘persuasion’ language, unanimously passes obstruction of justice bill

February 17, 2022 | Katie Stancombe

Language described by some lawmakers as being too broad and vague was unanimously removed from an obstruction of justice bill during an Indiana House committee meeting on Wednesday.

Bill allowing Level 6 offenders to go to DOC heads to full Indiana Senate

February 17, 2022 | Olivia Covington

A bill that would roll back a major provision of Indiana criminal justice reform legislation is headed for the full Indiana Senate, but concerns still linger over whether the state is doing its part to provide treatment to criminal offenders with mental illnesses and addictions.

Justice Barrett gives speech on federal equity power at Notre Dame Law

February 17, 2022 | Jordan Morey

This week, U.S. Supreme Court Justice Amy Coney Barrett gave a 30-minute presentation on federal equity power before taking questions from law students and professors in attendance.

Indiana lawmakers step back ‘curricula transparency’ bill

February 17, 2022 | Associated Press

Indiana lawmakers rolled back a contentious bill aimed at increasing transparency of school curricula Wednesday in response to mounting criticism from teachers and education advocates.

Opposition from GOP senator threatens Biden judicial pick

February 17, 2022 | Associated Press

Republican Sen. Ron Johnson’s opposition to one of President Joe Biden’s nominees surprised Democrats on Wednesday and presented a fresh test to a tradition that over the years has allowed individual senators to block the confirmation of judges from their home states.

Senate launches group to examine embattled US prison system

February 17, 2022 | Associated Press

The U.S. Senate is launching a bipartisan working group of lawmakers to scrutinize conditions within the Bureau of Prisons following reporting by The Associated Press that uncovered widespread corruption and abuse in federal prisons.

Indiana Senate panel waters down vaccine bill, prompting businesses to support it

February 16, 2022 | Emily Ketterer and Indianapolis Business Journal Staff

Lawmakers in the Indiana Senate on Wednesday morning struck language from the House GOP’s vaccine mandates bill that would have forced employers to accept any religious exemptions without further question.

Indiana Rep. Banks facing ‘insurrection’ ballot challenge

February 16, 2022 | Associated Press

An Indiana congressman who was rejected by House Speaker Nancy Pelosi as the top Republican for the committee investigating last year’s U.S. Capitol insurrection is fending off an effort to remove his name from this year’s election ballot.

Opinions Feb. 16, 2022

February 16, 2022

Court of Appeals of Indiana
In the Matter of the Paternity of J.K.: Moussa Henry Kante v. Carrie E. Long
21A-JP-1470
Juvenile paternity. Affirms the Johnson Circuit Court’s order modifying parenting time for Carrie E. Long to have her son J.K. with her during most of the summer to accommodate his basketball schedule rather than in Texas with his father, Moussa Kante. Finds the parenting time award was both consistent with the Indiana Parenting Time Guidelines and was reasonable. Also finds the trial court explained, in writing, why the deviation from the guidelines was appropriate, and it did not abuse its discretion. Finally, finds the trial court was not required to make the factual finding contemplated by Indiana Code § 31-14-14-1.

Indiana Lawyer accepting Leadership in Law 2022 nominations

February 16, 2022 | IL Staff

Indiana Lawyer is continuing to accept nominations for its 2022 Leadership in Law Awards. Honorees will be recognized at a June 1 event in Indianapolis.

COA: Trial court didn’t err when modifying parenting time based on basketball schedule

February 16, 2022 | Jordan Morey

A parenting time modification that was granted to accommodate a teen’s summer basketball schedule was not an abuse of discretion by the Johnson Circuit Court, the Court of Appeals of Indiana has ruled.

Indiana Senate committee strips all tax cuts from House proposal

February 16, 2022 | Emily Ketterer and Indianapolis Business Journal Staff

Republicans in the Indiana Senate gutted House Republicans’ plan for $1 billion in tax cuts within minutes of the bill’s first hearing in the Tax and Fiscal Policy Committee on Tuesday.

Opponents say curriculum bill already having ‘chilling effect’ in Indiana classrooms

February 16, 2022 | Marilyn Odendahl

A contentious Indiana bill that Republican lawmakers say would increase transparency of school curricula could undergo significant changes Wednesday in response to mounting criticism from teachers and education advocates.

Man guilty in 2019 death of woman at Indianapolis church

February 16, 2022 | Associated Press

A man has been convicted of murder in the death of woman who was found strangled and stabbed inside an Indianapolis church, prosecutors said Tuesday.

Sandy Hook families settle for $73M with gun maker Remington

February 16, 2022 | Associated Press

The families of nine victims of the Sandy Hook Elementary School shooting announced Tuesday they have agreed to a $73 million settlement of a lawsuit against the maker of the rifle used to kill 20 first graders and six educators in 2012.

Legislative fatigue reflects weariness with housing crisis

February 16, 2022 | Marilyn Odendahl

By the time the “residential eviction actions” bill was called, the Indiana Senate Judiciary Committee hearing had stretched well beyond two hours and, after hearing testimony, the session was adjourned with no vote taken on the measure. The fatigue felt by legislators and those constituents who were still in attendance on Feb. 9 is much like the tiredness gripping many Hoosiers and community agencies that have been bracing for and facing an eviction crisis since the COVID-19 pandemic began.

Dimmitt: The impact of mentorship on my legal career

February 16, 2022 | Lauren E. Dimmitt and From DTCI

As some of my mentors have left to pursue new opportunities and others are nearing retirement, I have been reflecting on how fortunate I have been throughout my career to have truly exceptional mentors.

Indiana Court Decisions – Jan. 27-Feb. 9, 2022

February 16, 2022

Read Indiana appellate court decisions from the most recent reporting period.

Web Exclusive: Fennell to offer pro bono abroad through Fulbright scholarship in Republic of Maldives

February 16, 2022

A 10-hour time difference couldn’t stifle Monica Fennell’s excitement about being in a foreign country for a unique opportunity to do what she loves: talk about pro bono work. Indianapolis-based Fennell, who serves as pro bono director at Taft Stettinius & Hollister LLP and as an adjunct professor at Butler University, was recently chosen to receive a Fulbright U.S. Scholar Program award by the U.S. Department of State and the Fulbright Foreign Scholarship Board, sending her to the Republic of Maldives.

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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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