Special prosecutor probing Dunes pavilion construction claim
A special prosecutor will investigate allegations that a developer moved forward with a construction project at Indiana Dunes State Park without a permit.
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District court ordered to reopen drug felon’s life sentence
A convicted drug felon whose previous New Mexico convictions were vacated has successfully appealed an Indiana district court’s decision not to reopen his federal life sentence, with the 7th Circuit Court of Appeals ruling his sentencing challenge was based on the notion that his New Mexico convictions no longer exist.
7th Circuit grants review to Indiana immigrant’s torture case
The 7th Circuit Court of Appeals has ordered the Board of Immigration Appeals to re-examine a Honduras native’s case against his forced removal to his home country, finding the board did not adequately consider the man’s evidence of the threat of gang violence against him if he were returned home.
Opinions May 3, 2018
The following 7th Circuit Court of Appeals opinions were posted after IL deadline Wednesday:
Thomas James v. Lorenzo Eli, et al.
15-3034
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge William T. Lawrence.
Civil. Vacates the entry of summary judgment in favor of Dr. Lorenzo Eli and Dr. Nicolas Villanustre on Thomas James’ complaint for deliberate indifference toward his medical care while he was incarcerated in Indiana. Finds the district court erred in denying James’ motions for appointment of counsel. Reverses the denial of James’ motions for recruitment of counsel. Remands for further proceedings.
7th Circuit orders appointment of counsel for Arizona inmate
The Indiana Southern District Court must appoint counsel for an Arizona inmate suing two Indiana prison doctors after a circuit court panel found the lower court erred in determining the inmate was competent to litigate his own case.
Shakeup in Trump’s legal team may usher in tougher stance
President Donald Trump hired a veteran attorney who represented Bill Clinton during his impeachment process as the White House shifted to a more aggressive approach to a special counsel investigation that has reached a critical stage.
AG Hill: Prosecutors have no say in defending Indiana abortion law
Indiana Attorney General Curtis Hill is hitting back at three county prosecutors who have declined to defend the state in its most recent abortion-related lawsuit, saying the prosecutors have no authority to determine how the case proceeds. Prosecutors in Marion, Lake and Monroe counties said Wednesday the ceded the merits of a case challenging a new law that would require reporting of “abortion complications.”
Filings for bankruptcy continue to fall
Bankruptcy filings in federal courts continued their downward slide with more than 250,000 fewer cases filed for the year ending March 31, 2018, than were filed during the same period in 2014, according to the Administrative Office of the U.S. Courts.
Lawsuit challenges court fees 4 Indiana counties charge
A new lawsuit is taking aim at the service fees four Indiana counties charge people when they file lawsuits in Hamilton, Johnson, Marion and Wayne counties.
Man who fled country gets 92 years for bank robbery, firing at police
A Muncie man who was tracked down in Colombia and convicted of robbing a bank and shooting at a responding police in 2012 has been sentenced to more than 92 years in prison.
Fort Wayne police allege slander, defamation in countersuit
Four Fort Wayne police officers are alleging slander and defamation by a black probation officer accusing them of violating her constitutional rights.
ABA study finds time constraints hamper pro bono activities
While an overwhelming majority of attorneys surveyed by the American Bar Association support pro bono work as a part of the legal profession, less than half indicated they were going to provide such help in 2017.
Supreme Court: Sotomayor recovering after shoulder surgery
The U.S. Supreme Court says Justice Sonia Sotomayor is “resting comfortably” after shoulder replacement surgery.
Marion, Lake, Monroe prosecutors won’t defend abortion law
Three Indiana prosecutors in counties with Planned Parenthood facilities have announced they will not defend the state in a recently filed lawsuit challenging a 2018 abortion law.
Opinions May 2, 2018
Indiana Court of Appeals
Christopher Darring v. State of Indiana
49A02-1706-CR-1426
Criminal. Affirms the denial of Christopher Darring’s motion to suppress evidence obtained as the result of a search of his home. Finds probable cause existed for the issuance of the search warrant.
Rosenstein: Justice Department won’t be ‘extorted’ by Congress
Deputy Attorney General Rod Rosenstein on Tuesday lashed out at congressional Republican allies of President Donald Trump who have drafted articles of impeachment against him, saying the Justice Department won’t be extorted or give in to threats.
Trump lawyer working on Mueller probe to retire
White House lawyer Ty Cobb will retire at the end of the month, the White House said Wednesday, further shaking up President Donald Trump’s legal team as the president intensifies his attacks on special counsel Robert Mueller’s Russia investigation.
Federal court lets Indiana prisoners challenge DOC mail restrictions
Indiana Department of Correction inmates may challenge DOC directives that restrict their mail, a federal judge ruled, certifying a class action lawsuit against policies that called for the screening or seizure of greeting cards and other forms of mail.
Indiana lawsuit over Pledge of Allegiance dismissed
A federal judge in Terre Haute has dismissed a lawsuit that accused a western Indiana elementary school principal and a teacher of violating a student’s constitutional rights by forcing him to say the Pledge of Allegiance.
Gymnast sues USA Gymnastics, others over sex abuse
A former member of the U.S. national team on Tuesday became the latest gymnast to sue over sexual abuse by imprisoned former sports doctor Larry Nassar, alleging USA Gymnastics, the U.S. Olympic Committee and the husband-and-wife duo who coached America’s top female gymnasts for three decades failed to protect her and other athletes.