New Albany attorney Dick Mullineaux remembered for ‘passionate’ service
Richard “Dick” Mullineaux, a longtime leader in the New Albany office of Kightlinger & Gray LLP, died last week at the age of 66, the firm announced Monday.
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High court will hear copyright dispute involving Blackbeard’s ship
A dispute involving the pirate Blackbeard’s ship is on deck for the Supreme Court’s next term.
Justices let stand suppression in drug case, grant transfer in 2 others
Indiana Supreme Court justices agreed to hear two cases on grant of transfer last week, denying one other involving a faulty Muncie controlled drug buy. The three cases were the only matters justices considered on petition to transfer last week.
Evansville man accused of selling fentanyl to woman who died
Authorities say a southern Indiana man has been arrested in connection with the fentanyl-based overdose death of a 22-year-old woman.
Illinois poised to be 11th state to allow recreational marijuana
Illinois is likely to become the 11th state to allow small amounts of marijuana for recreational use after the Democratic-controlled House on Friday sent a legalization plan to Democratic Gov. J.B. Pritzker. The move further isolates Indiana’s criminalization of marijuana nationally and among its neighboring states.
2 charged in vandalism of Hammond church
Authorities say two men are facing charges after they allegedly ransacked a northwestern Indiana church and left behind painted hate messages. Hammond police announced Saturday that 23-year-old Aaron J. Vanoppens and 22-year-old Nicholas D. Reding were charged with one count each of burglary and institutional criminal mischief after the interior of Faith United Church of Christ in Hammond sustained significant damage.
Judge to hear bid to block Indiana abortion procedure ban
A federal judge is set to take up the American Civil Liberties Union’s bid to block a new Indiana law that would ban a second-trimester abortion procedure. A judge in Indianapolis was scheduled to hear arguments Monday from the state’s attorneys and the ALCU of Indiana, which is seeking a preliminary injunction to prevent the ban on dilation and evacuation abortions from taking effect July 1.
Indianapolis Public Schools settles lawsuits tied to ex-counselor
The Indianapolis school district has reached confidential settlements in lawsuits related to a former counselor accused of having sex with two teenage students. The Indianapolis Star reports the settlements are with a student and two former employees.
Opinions May 31, 2019
7th Circuit Court of Appeals
USA v. Devan Pierson 18-1112
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge James E. Shadid of the Central District of Illinois, sitting by designation.
Criminal. Affirms Devan Pierson’s life sentence and conviction for possessing drugs with intent to distribute and two related firearm crimes. Finds Pierson’s sentence was imposed within the meaning of Section § 401(c) of the First Step Act when the district court sentenced him, regardless of whether he appealed a sentence that was consistent with applicable law at that time it was imposed. Also finds Pierson’s Apprendi argument is foreclosed by Supreme Court precedent and finds no prejudice that would authorize an appellate court to find a reversible plain error in the absence of a timely objection in the district court.
[Article Headline]
7th Circuit Court of Appeals
USA v. Devan Pierson 18-1112
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge James E. Shadid of the Central District of Illinois, sitting by designation.
Criminal. Affirms Devan Pierson’s life sentence and conviction for possessing drugs with intent to distribute and two related firearm crimes. Finds Pierson’s sentence was imposed within the meaning of Section § 401(c) of the First Step Act when the district court sentenced him, regardless of whether he appealed a sentence that was consistent with applicable law at that time it was imposed. Also finds Pierson’s Apprendi argument is foreclosed by Supreme Court precedent and finds no prejudice that would authorize an appellate court to find a reversible plain error in the absence of a timely objection in the district court.
Constructive amendment error doesn’t warrant new trial, 7th Circuit rules
The 7th Circuit Court of Appeals has affirmed a man’s life sentence after rejecting his request to vacate and receive a new trial on his firearm possession convictions based on a constructive amendment error in his indictment.
Conviction upheld in robbery after iPhone exchange
The Indiana Court of Appeals affirmed an Elkhart student’s robbery conviction after concluding there was sufficient evidence to support that she stole money in the presence of the cash’s owner.
Faegre Baker Daniels earns ABA Pro Bono Publico Award
Faegre Baker Daniels will receive a prestigious national pro bono award for its commitment to enhancing the human dignity of others through free legal services.
Holcomb ceremonially signs victims rights bill
A victims rights bill inspired by a mother attempting to protect her underage daughter from a sexual predator’s grooming tactics was ceremonially signed Wednesday by Gov. Eric Holcomb, with support from the Indiana Prosecuting Attorneys Council.
Legislative Council approves 2019 interim committees
Study committees for the 2019 interim period have been approved by Indiana’s Legislative Council and will address dozens of issues for review in the coming months, including several legal-focused topics.
Lawyer: Judges’ shooting case rife with ‘speculation and conjecture’
Nearly a month after two judges were shot on the streets of Indianapolis, after which the alleged shooter and his accomplice walked free, an attorney representing one of the arrested men in his probation violation case said the unusual nature of the prosecution and lack of information released about the case has left it “open to speculation and conjecture.”
Appeals court trims sentence for Muncie man in bomb case
The Indiana Court of Appeals has overturned one of several convictions and trimmed the sentence for a central Indiana man who tried to kill his former girlfriend with a homemade bomb. The rulings in the case of 40-year-old Lionel Ray Mackey Jr. of Muncie will apparently reduce his prison term from 101 years to 94½ years.
Suit: Franklin schools failed to stop student from being bullied
A central Indiana teenager with special needs is suing her local school district, alleging it failed to stop “severe and pervasive” bullying she has faced in school. The federal lawsuit filed May 13 in Indianapolis against the Franklin Community School Corp. doesn’t identify the girl.
4 from Indiana sentenced in $125,000 veteran funds fraud
Four southern Indiana residents have been sentenced after authorities say they pocketed more than $125,000 through fundraisers touted as benefiting veterans and their families. Federal prosecutors say James Linville was sentenced this week to 5 years in prison; Joanie Watson was sentenced to 3½ years, and; Thomas Johnson and Amy Bennett were sentenced to 3 years.
Opinions May 30, 2019
7th Circuit Court of Appeals
Brian Weil v. Metal Technologies, Inc.
18-2440, 18-2556
Appeal from the United States District Court for the Southern District of Indiana, Terre Haute Division. Chief Judge Jane Magnus-Stinson.
Civil. Affirms in part the Southern District Court’s decertification order of Brain Weil and Melissa Fulk’s time-rounding claims against Metal Technologies, Inc. However, vacates in part the district court’s judgment on their wage-deduction claims and remands the case for the lower court to reconsider those claims in light of Indiana Code 22-2-6-3(b).