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Opinions May 4, 2018

Indiana Court of Appeals
Andre Taylor, a/k/a Robert Davidson v. State of Indiana
49A04-1708-CR-1930
Criminal. Affirms Andre Taylor, a.k.a. Robert Davidson’s, convictions of Level 2 felony burglary and Level 3 felony armed robbery, as well as the finding that he is a habitual offender. Reverses Taylor’s two Level 3 felony criminal confinement convictions due to double jeopardy violations. Finds the Marion Superior Court properly allowed Detective Grant Melton to testify about evidence he recovered from Taylor’s phone by using the “chip-off’ forensic technique. Also finds Taylor’s convictions of burglary and armed robbery do not violate double jeopardy principles. Remands for the trial court to vacate Taylor’s criminal confinement convictions.

Gary man pleads guilty, faces life term in 7 women’s deaths

A Gary man has avoided the death penalty by pleading guilty in the deaths of seven women and instead faces life in prison without parole. Darren Vann of Gary, Indiana, entered the guilty pleas during a surprise court hearing Friday in Crown Point. He will be sentenced May 25.

Trump says he’d ‘love to’ talk to Mueller, wants fairness

President Donald Trump said Friday he would “love to speak” to special counsel Robert Mueller as part of the Russia investigation but cautioned he would only do so if he’s “treated fairly,” and he again labeled the probe a “witch hunt.”

Commencement ceremonies set for Class of 2018

Don the academic regalia and cue the Pomp and Circumstance — Indiana’s law schools are ready to host their graduation ceremonies for the Class of 2018, beginning with Indiana University Maurer School of Law’s commencement Saturday in Bloomington.

Confinement conviction reversed; robbery, burglary counts stand

Burglary and robbery convictions against a man convicted in a Marion County break-in will stand, but related criminal confinement convictions must be vacated because the confinement was “part and parcel” of the underlying robbery, the Indiana Court of Appeals ruled Friday.

Trump: Giuliani needs to ‘get facts straight’ on Stormy

President Donald Trump insisted Friday that “we’re not changing any stories” about the 2016 hush money paid to porn actress Stormy Daniels, even as he further muddied the explanation for the settlement by suggesting the new face of his legal team needs to “get his facts straight.”

Institute for Justice asks Supreme Court to take civil forfeiture appeal

The Institute for Justice is asking the Indiana Supreme Court to grant immediate review to a case challenging Indiana’s civil forfeiture policy, arguing the practice of diverting forfeiture proceeds away from the Common School Fund is unconstitutional and encourages “policing for profit.”

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.