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$100K bond for trucker in deadly Indiana crash

A judge has set a $100,000 bond for a Missouri truck driver facing felony charges for a highway construction zone crash in Indianapolis that killed a woman and her 18-month-old twin daughters.

2nd man sentenced in fatal southern Indiana gun shop robbery

An Indianapolis man has been sentenced to 30 years in federal prison for his role in the robbery and fatal shooting of a southern Indiana gun shop owner. A judge ordered the sentence Thursday after 24-year-old Darion Harris pleaded guilty.

Opinions July 18, 2019

7th Circuit Court of Appeals
USA v. Joshua Herman
18-3057
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division.
Senior Judge James T. Moody.
Criminal. Majority led by Chief Judge Diane Wood denies en banc review, reverses and remands for resentencing of Joshua Herman on a charge of felon in possession of a firearm. Holds that the act of pointing a gun and ordering someone still, by itself, is not “physical restraint” under federal sentencing guidelines. Judges Joel Flaum and Michael Kanne dissent and would grant en banc review, and would find that the action of pointing a gun and ordering compliance is physical restraint. Judge William Bauer would affirm Herman’s 10-year sentence, with the physical restraint enhancement, for the reasons spelled out in Flaum’s dissent. Noting a now 5-4 circuit split on the conflicting views on the meaning of U.S.S.G. § 2B3.1(b)(4)(B), orders the Clerk of Court to send this opinion to the U.S. Sentencing Commission for its consideration.

Attorney brothers swing to hit all the ballparks

Each summer, two Indianapolis attorneys step away from their respective offices and embark on a sports-inspired adventure. The men have three things in common – they’re brothers, they both love baseball, and they’re on a mission to visit every major league ballpark.

Semi driver charged in weekend I-465 crash that killed 3

A Missouri semitrailer driver was in court Thursday to face multiple felony charges resulting from a weekend crash in a construction zone on Interstate 465 that killed an Indianapolis mother and her 18-month-old twin daughters.

Whether armed robber ‘physically restrained’ victims splits 7th Circuit

The question of whether an armed robber can be said to have physically restrained his victims as an enhancement under federal sentencing guidelines split the 7th Circuit Court of Appeals on Thursday. The ruling also deepened a wide circuit split on the issue, with judges answering the question by employing a classic legal maxim: It depends.

No additional charges in Trump hush-money probe

Federal prosecutors in New York have decided not to file any additional charges in their investigation of illegal hush money payments orchestrated by President Donald Trump’s lawyer to Stormy Daniels and Karen McDougal before the 2016 election.

Payments from $208M NCAA settlement begin in August

More than 50,000 former college athletes next month will begin collecting portions of a $208 million class-action settlement paid by Indianapolis-based NCAA in a case that challenged its caps on compensation.

Ex-Pacers player, Auburn assistant Chuck Person avoids prison

Former Indiana Pacers star and Auburn University assistant basketball coach Chuck Person’s lifelong generosity may have driven him to the poorhouse, but it saved him from the jailhouse Wednesday when a judge sentenced him in a bribery scandal that touched some of the biggest college basketball programs.

Justices reject man’s appeal in death of toddler

The Indiana Supreme Court will not hear the appeal of a northern Indiana man who was sentenced to 65 years in prison for the beating death of a 2-year-old left in his care. Justices denied a transfer petition sought in the case of Trevor Wert v. State of Indiana, 19A-CR-92, in which the Indiana Court of Appeals affirmed Trevor Wert’s murder conviction in the beating death of Railee Ewing.

Prosecutor to victim: ‘I did it’; court accepts Cooper’s domestic violence plea

Johnson County Prosecutor Bradley Cooper told his domestic violence victim and former fiancee in court Wednesday “I did it … I did it all” as a judge accepted his guilty plea to felony counts that terminated his ability to serve in his elected office. Also Wednesday, the Indiana Supreme Court Disciplinary Commission moved to suspend Cooper from the practice of law.

Opinions July 17, 2019

Indiana Court of Appeals
Jesse L. Smith v. State of Indiana
18A-CR-2597
Criminal. Affirms Jesse Smith’s conviction of Level 6 felony criminal recklessness, finding no double-jeopardy violation. Finds the actual evidence presented at trial in Vigo Superior Court supports separate convictions of Level 6 felony criminal recklessness and Level 3 felony attempted aggravated battery.

Outgoing Rep. Brooks joins Dems condemning Trump’s racist tweets

In a remarkable political repudiation, the Democratic-led U.S. House voted to condemn President Donald Trump’s “racist comments” against four congresswomen of color, despite protestations by Trump’s Republican congressional allies and his own insistence he hasn’t “a racist bone in my body.” Retiring Indiana Rep. Susan Brooks was among four Republicans joining the condemnation of Trump’s statements.

Father of Indiana teen killed in pursuit crash sues police

The father of a 15-year-old boy who was killed in a car crash during a police pursuit is suing two police departments and an officer, alleging that “careless and negligent acts” on their part led directly to his son’s death.