Articles

Opinions Feb. 3, 2020

The following Indiana Supreme Court opinion was posted after IL deadline Friday.
S.H. v. D.W.
19S-PO-118
Protective order. Reverses the Bartholomew Superior Court’s grant of a second protective order against S.H. that was requested by D.W. Finds insufficient evidence to support the trial court’s entry of another two-year protective order. Remands with instructions to vacate entry of the second protective order. Justice Christopher Goff dissents with a separate opinion in which Justice Mark Massa joins.

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Opinions Jan. 31, 2020

Indiana Court of Appeals
Small Business in Transportation Coalition, et al. v. Indiana Department of Revenue, et al.

19A-PL-370
Civil Plenary. Affirms the Marion Superior Court order in favor of the Indiana Department of Revenue on a complaint by Small Business in Transportation and other plaintiffs’ class-action suit seeking the reimbursement of potentially hundreds of millions of dollars in state motor carrier fees collected through an internet portal. Hold the plaintiffs’ efforts to recoup fees voluntarily paid through the portal is without basis in law.

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Opinions Jan. 30, 2020

Indiana Court of Appeals
City of Bloomington Board of Zoning Appeals v. UJ-Eighty Corporation
19A-PL-00457
Civil plenary. Majority affirms the Monroe Circuit Court’s grant of UJ-Eighty Corp.’s petition seeking judicial review of the Bloomington Board of Zoning Appeals’ decision that affirmed the issuance of two notices of violation against UJ-Eighty. Finds the City of Bloomington improperly delegated authority to Indiana University in violation of the Due Process Clause of the Fourteenth Amendment. Affirms that the ordinance unconstitutionally violates due process. Judge L. Mark Bailey dissents with opinion.

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Opinions Jan. 29, 2020

Indiana Court of Appeals
Raymond E. Cook, III v. State of Indiana (mem. dec.)
19A-CR-1594
Criminal. Affirms Raymond Cook III’s aggregate seven-year sentence for conviction in Ripley Circuit Court of Level 5 felony dealing in methamphetamine and Level 6 felony maintaining a common nuisance. Finds the sentence is not inappropriate in light of the nature of the offenses and his character.

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Ex-deputy prosecutor who retaliated against detective suspended

A former Knox County chief deputy prosecutor has been suspended from the practice of law for abusing his prosecutorial authority as part of a retaliation campaign against a detective who discovered his sexual relationship with a criminal defendant. The elected Knox County prosecutor also faces a related disciplinary case, according to the Indiana Supreme Court.

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Opinions Jan. 28. 2020

Indiana Court of Appeals
Termination: J H, et al. v. Child Advocates Inc, et al.
19A-JT-01549
Juvenile termination. Affirms the Marion Superior Court’s termination of J.H. and W.D.’s parental rights to their minor child, C.D. Finds the trial court did not clearly err in determining that there was sufficient evidence to support the termination of parental rights. Finds their right to consent to C.D.’s adoption was rightly terminated.

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Opinions Jan. 24, 2020

Indiana Court of Appeals
Stephen W. Peele v. State of Indiana
19A-CR-1775
Criminal. Reverses the dismissal of Stephen Peele’s petition for removal from the Indiana Sex Offender Registry. Finds the Marion Superior Court erred in dismissing Peele’s petition, finding Peele properly brought his petition for removal within a criminal cause in a qualifying court. Remands with instructions to the trial court to consider the merits of Peele’s petition.

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