After Supreme Court gun decision, what’s next?
The U.S. Supreme Court has issued its biggest gun rights ruling in more than a decade. Here are some questions and answers about what the Thursday decision does and does not do.
Court opinions
Articles
Inmate sanctioned by COA for continued filing of frivolous lawsuits
Fed up with the increasing burden an Indiana inmate has placed on the courts with frivolous lawsuits, the Court of Appeals of Indiana has instructed trial courts to not put up with the prisoner’s misconduct any longer.
Opinions June 23, 2022
Indiana Supreme Court
Steven Church v. State of Indiana
22S-CR-201
Criminal. Affirms the Marion Superior Court’s denial of Steven Church’s petition pursuant to Indiana Code § 35-40-5-11.5 to obtain a deposition of his alleged child sex abuse victim. Finds the statute is not being retroactively applied to Church and is not a procedural statute that conflicts with Indiana Trial Rules. Also finds the statute is substantive because it predominantly furthers the legitimate public policy objectives within the General Assembly’s exclusive purview. Finally, finds the statute does not violate Church’s constitutional rights under the Indiana or United States constitutions. Justice Christopher Goff concurs in part and in the judgment with separate opinion.
Indiana justices reverse ruling permitting deposition of child sex abuse victims
The Indiana Supreme Court has swiped at a Court of Appeals of Indiana ruling that allowed a defendant accused of child sex crimes to take the deposition of his accuser, concluding that a disputed state statute preventing such depositions does not conflict with the Indiana Trial Rules.
COA reverses new trial order, reinstates jury verdict against YMCA in personal injury case
The Court of Appeals of Indiana has reversed the grant of a new trial in a personal injury case involving a local YMCA and has reinstated a jury verdict against the YMCA after it determined the trial court abused its discretion.
U.S. Supreme Court rules out suing police for Miranda violations
The U.S. Supreme Court on Thursday ruled that law enforcement officers can’t be sued when they violate the rights of criminal suspects by failing to provide the familiar Miranda warning before questioning them.
U.S. Supreme Court rules for GOP lawmakers in voter ID case
The U.S. Supreme Court gave Republican legislative leaders in North Carolina a win Thursday in an ongoing fight over the state’s latest photo identification voting law.
U.S. Supreme Court strikes New York gun law in major ruling
The U.S. Supreme Court on Thursday struck down a restrictive New York gun law in a major ruling for gun rights.
Medical billing software provider negligent in failing to preserve contracted product in spoliation suit, COA affirms
A complaint brought by a now-defunct medical billing business against a company it hired to craft a software program was properly dismissed as a sanction for spoliation of evidence, the Court of Appeals of Indiana has ruled.
COA affirms juvenile’s placement in DOC following exhaustion of ‘all reasonable efforts’
The Court of Appeals of Indiana has affirmed the placement of a Porter County juvenile in the Indiana Department of Correction following the failure of numerous and intensive rehabilitation efforts and lesser restrictive placements.
7th Circuit delays removal of Ethiopian immigrant at risk of torture in homeland
The 7th Circuit Court of Appeals has temporarily halted the removal of an Indiana immigrant to Ethiopia after it found credible his fear of torture if he is returned to the African country.
Reversal: Danville officer violated woman’s Fourth Amendment rights during traffic stop
A Danville police officer who conducted a dog sniff during a traffic stop violated a woman’s Fourth Amendment rights, the Court of Appeals of Indiana has concluded, reversing the denial of her motion to suppress.
U.S. Supreme Court limits reach of federal gun crime law
The U.S. Supreme Court on Tuesday limited the reach of a federal statute that requires stiff penalties for crimes involving a gun.
U.S. Supreme Court rejects Bayer’s bid to stop Roundup lawsuits
The U.S. Supreme Court has rejected Bayer’s appeal to shut down thousands of lawsuits claiming that its Roundup weedkiller causes cancer.
Indiana Court Decisions: June 2-15, 2022
Read Indiana appellate court decisions from the most recent reporting period.
Opinions June 17, 2022
Court of Appeals of Indiana
Donnell Goston Sr., et. al v. State of Indiana, et al.
21A-CT-2484
Civil tort. Affirms the grant of summary judgment for the Indiana Department of Child Services and other state defendants on father Donell Goston Sr.’s negligence complaint. Finds the Marion Superior Court didn’t err in allowing DCS to file a third motion for summary judgment as the motion addressed grounds not previously brought by the agency. Also finds the Notice Statute doesn’t allow a private right of action, and the Legislature didn’t intend for the law to allow it to do so.
Indiana Supreme Court relies on COA analysis in ruling for insurer in drunken driving case
Adopting the efficient and predominant cause analysis, the Indiana Supreme Court has found an insurance company did not have a duty to defend two Kokomo bars and their owner who are alleged to have continued serving alcohol to an inebriated patron who subsequently got into a drunken driving accident.
COA rules for DCS in negligence complaint after dad wasn’t notified of injury reports
An Indiana father who wasn’t notified that the Indiana Department of Child Services assessed allegations of abuse and neglect until two years after his twins were injured couldn’t convince the Court of Appeals of Indiana that the agency should be found negligent.
Opinions June 16, 2022
Court of Appeals of Indiana
Anthony Brahimsha v. Mariana Vallejo (mem. dec.)
21A-DC-2812
Domestic relations with children. Affirms the Jasper Circuit Court’s division of the marital estate arising from the dissolution of marriage between Anthony Brahimsha and Mariana Vallejo. Finds the trial court did not abuse its discretion by including a $70,000 loan and a vehicle in the marital pot or by omitting the value of the parties’ personal assets from the marital estate. Also finds the trial court did not err in finding that Wife had dissipated marital assets. Finally, finds the trial court did not err when it deviated from an equal division of the marital estate.
Justices dismiss Trump-era immigration case, in a Biden win
The U.S. Supreme Court said Wednesday it was wrong to wade into a dispute involving a Trump-era immigration rule that the Biden administration has abandoned, so the justices dismissed the case.