Above-guidelines felon-in-possession sentence upheld
The 7th Circuit Court of Appeals has upheld a man’s four-year sentence for being a felon in possession of a firearm, despite his argument that the above-guidelines sentence was erroneous.
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Opinions Oct. 19, 2022
7th Circuit Court of Appeals
United States of America v. Travis Gates
21-3314
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Senior Judge Sarah Evans Barker.
Criminal. Affirms Travis Gates’ four-year sentence for his conviction of being a felon in possession of a firearm. Finds Gates’ sentence was procedurally sound and substantively reasonable.
COA reverses attempted murder, unlawful possession convictions for man who fired gun with police present
A Bargersville man will have another chance to convince a jury he wasn’t trying to kill a police officer when he drunkenly fired a handgun in his apartment complex after the officer arrived on scene.
US Supreme Court denies Oklahoma death row inmate’s appeal
The U.S. Supreme Court on Wednesday denied a last-minute appeal filed by Oklahoma death row inmate Benjamin Cole, paving the way for him to receive a lethal injection Thursday.
Indy, Henry Co. officers charged in separate cases with excessive force, obstruction of justice
Two Indiana law enforcement officers are facing new federal charges after being indicted by a grand jury on excessive force and obstruction of justice claims.
Judge dismisses FedEx from Indianapolis shooting lawsuit
A federal judge has dismissed FedEx from a lawsuit filed by relatives of five of the eight people who were fatally shot last year at an Indianapolis warehouse by a former employee of the shipping giant.
Many remain critical of state of US democracy: AP-NORC poll
Many Americans remain pessimistic about the state of U.S. democracy and the way elected officials are chosen — nearly two years after a divisive presidential election spurred false claims of widespread fraud and a violent attack on the U.S. Capitol.
Putin declares martial law in annexed regions of Ukraine
Russian President Vladimir Putin declared martial law Wednesday in the four regions of Ukraine that Moscow annexed and gave additional emergency powers to the heads of all regions of Russia.
Judge angry but grants oral arguments in rent-to-buy housing case
Some Indiana plaintiffs in a lawsuit challenging a rent-to-buy housing business will get a second chance to argue their claims in federal court, but the judge has indicated there will be little patience for weak arguments or uncivil behavior.
Indiana judge finds shooter guilty of reckless homicide in Black man’s 2020 killing
A man has been convicted of reckless homicide in the fatal 2020 shooting of a young Black man in Indianapolis during unrest sparked by outrage over George Floyd’s killing by Minneapolis police.
Applications for Foley vacancy on Morgan Superior Court close Monday
| IL Staff
With Judge Peter Foley now on the Court of Appeals of Indiana, Morgan Superior Court 1 has an opening on its bench.
IU McKinney launches new diversity fellowship
| IL Staff
The Indiana University Robert H. McKinney School of Law has launched a new fellowship aimed at diversifying law school faculty.
Opinions Oct. 18, 2022
Court of Appeals of Indiana
Eric S. Cullum v. State of Indiana (mem. dec.)
22A-CR-210
Criminal. Affirms Eric Cullum’s convictions of two counts of Level 2 felony dealing in methamphetamine and his aggregate 28-year sentence, with 24 years executed and four years suspended to probation. Finds Cullum has waived review of the admission of evidence obtained from the search of his home. Also finds the Greene Circuit Court did not abuse its discretion by denying Cullum’s motion for continuance or by denying the defense motion for mistrial. Finally, finds Cullum has not demonstrated that his sentence was an abuse of discretion, inappropriate or disproportionate.
Biden vows abortion legislation as top priority next year
President Joe Biden promised Tuesday that the first bill he sends to Capitol Hill next year will be one that codifies Roe v. Wade — if Democrats control enough seats in Congress for Biden to sign abortion protections into law.
Suit accuses Lilly of illegally deducting funds from paychecks for vehicle use, extra time off
Eli Lilly and Co. illegally deducted millions of dollars from employee paychecks to pay for company vehicles and extra time off, a former sales representative claims in a federal lawsuit.
Huntington University announces external review amid lawsuit
As Huntington University faces a federal civil lawsuit filed on behalf of two former cross-country runners, the university says it has launched an external review.
Indiana Lt. Gov. Crouch says she has ‘mild’ COVID-19 illness
Indiana Lt. Gov. Suzanne Crouch tested positive for COVID-19 after experiencing cold-like symptoms on Monday, according to her office.
Returned letters leads to another suspension for South Bend attorney
| IL Staff
A St. Joseph County attorney whom the Indiana Supreme Court Disciplinary Commission cannot locate has been suspended from the practice of law for noncooperation with the investigation of a grievance.
Court rejects appeal to give American Samoans citizenship
The U.S. Supreme Court on Monday rejected an appeal seeking to give people born in American Samoa U.S. citizenship.
Biden kicks off student loan relief application season
President Joe Biden on Monday officially kicked off the application process for his student debt cancellation program and announced that 8 million borrowers had already applied for loan relief during the federal government’s soft launch period.
