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Opinions May 8, 2018

The following 7th Circuit Court of Appeals opinions were posted after IL deadline Monday:
Brian Valenti v. Connie Lawson, et al.
17-3207
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge William T. Lawrence.
Civil. Affirms the grant of summary judgment in favor of Connie Lawson in her official capacity as Indiana Secretary of State and the other state defendants on Brian Valenti’s claim that the state violated his right to vote by refusing to let him enter a polling site located at a school. Finds Indiana has demonstrated a rational relationship between Indiana Cdoe section 35-42-4-14(b) and the stated purpose of keeping serious sex offenders away from children on school property. Also finds the district court erred in applying a constitutional balancing test, rather than statutory rational basis review.

Lake Superior Court shutters Gary Probate Division

The Gary Probate Division of the Lake Superior Court has permanently closed and all files opened in that court have been transferred to the Crown Point Probate Division. The Indiana State Bar Association announced the closure of the Gary Probate Division last month.

Indiana joins lawsuit against Gary sanctuary city ordinance

A judge has allowed the state of Indiana to intervene in a lawsuit alleging the city of Gary’s sanctuary city ordinance violates state law. Attorney General Curtis Hill sought to have the state added as a plaintiff in the case against Gary officials.

7th Circuit prohibits sex offender from voting at local high school

In a decision handed down one day before Indiana’s 2018 primary election, the 7th Circuit Court of Appeals found a rational relationship between an Indiana statute prohibiting sex offenders from entering school property and the state’s interest in protecting children. The court ruled the state does not violate a convicted sex offender’s voting rights by prohibiting him from voting at a polling place located in a high school, and instead requiring him to vote via one of three alternatives.

Southern Indiana federal court film nominated for 2 Emmys

The documentary about the federal courts in Indiana produced to mark the Southern Indiana District Court’s bicentennial in 2017 has been nominated for two Emmy Awards by the National Academy of Television Arts and Sciences, Lower Great Lakes Chapter.

Suspect in officer’s death was wanted in another killing

A 21-year-old man suspected of fatally shooting a Terre Haute police officer was wanted for questioning in another man’s killing when Friday’s deadly shootout unfolded, according to court documents filed Monday in a related case involving the alleged gunman’s girlfriend.

Clerk: Trump slogan banned from clothing in Indiana primary

A county clerk says Indiana election officers have directed poll workers not to allow anyone into voting stations with clothing sporting the phrase “Make America Great Again,” a slogan popularized by Donald Trump’s 2016 presidential campaign.

Opinions May 7, 2018

Indiana Court of Appeals
Glenn Dillard v. State of Indiana
49A02-1708-CR-1905
Criminal. Reverses the denial of Glenn Dillard’s motion to dismiss after he was not brought to trial in accordance with his speedy trial request. Finds the Marion Superior Court erred in denying Dillard’s motion. Judge James Kirsch dissents without separate opinion.

Appellate court allows slip-and-fall negligence case to proceed

A negligence case against a Lake County senior living facility will continue after the Indiana Court of Appeals reversed summary judgment, finding a genuine issue of material fact as to whether the facility knew or reasonably should have known about icy conditions that led to an elderly woman’s fall.

Trump: ‘13 angry Democrats’ on Mueller team should be wary

President Donald Trump said Monday he was “Fighting Back” against the Russia probe and warned the “13 Angry Democrats” on the special counsel’s team to “just wait ‘till the Courts get to see your unrevealed Conflicts of Interest!”

Divided COA orders dismissal of theft, battery charges

Theft and battery charges against a Marion County man must be dismissed after a majority of an Indiana Court of Appeals panel determined he was not brought to trial within 70 days, per his speedy trial request.

Judge poses pointed questions on Manafort charges at hearing

A federal judge on Friday asked pointed questions about special counsel Robert Mueller’s authority to bring charges against former Trump campaign chairman Paul Manafort and suggested that prosecutors’ true motive is getting Manafort to “sing” against the president.