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The Indiana Supreme Court affirmed a resentencing court’s life without parole sentence for a man who tortured and murdered a woman in 1995.
7th Circuit Court of Appeals
David L. Lewicki v. Donald Emerson, Warden, Plainfield Correctional Facility
23-3030
Prisoner. Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Tanya Walton Pratt. Reverses the district court’s conditional writ of habeas corpus for David Lewicki and order for the State of Indiana to release Lewicki unless it provided him with a new appeal. Finds Lewicki, in his argument that he suffered prejudice and did not receive a speedy trial, does not explain why DNA evidence would have been unavailable had the case been tried earlier, and the amendment to which he alludes (the habitual offender allegation) can be made until 30 days before trial. Also finds prosecutors did not need or use delay to discover Lewicki’s criminal record.
A man that waited almost three years to be brought to trial on an attempted robbery charge did not suffer prejudice for the delay and did not have a good speedy-trial claim, the 7th Circuit Court of Appeals ruled Monday in reversing a district court’s decision.
Attorney General Merrick Garland forcefully rebuked what he described as unprecedented attacks on the Justice Department Tuesday, telling Republicans who have sought to hold him in contempt that he will “not be intimidated.”
Robert F. Kennedy Jr.’s campaign filed a lawsuit Friday against Nevada’s top election official, alleging a requirement that independent candidates must name their running mate by the time they start gathering signatures for ballot access is unconstitutional.
An Indianapolis-based company that bred beagles for medical research agreed Monday to pay a record $35 million as part of a criminal plea admitting it neglected thousands of dogs at its breeding facility in rural Virginia.
Lawyers will make their opening statements Tuesday in the federal gun case against President Joe Biden’s son Hunter after a jury was seated for the trial.
The White House is telling lawmakers that President Joe Biden is preparing to sign off on an executive order that would shut down asylum requests at the U.S.-Mexico border once the average number of daily encounters hits 2,500 between ports of entry, with the border reopening only once that number declines to 1,500, according to several people familiar with the discussions.
Releasing an audio recording of a special counsel’s interview with President Joe Biden could spur deepfakes and disinformation that trick Americans, the Justice Department said, conceding the U.S. government could not stop the misuse of artificial intelligence ahead of this year’s election.
In a Monday morning release, the Republican gubernatorial nominee and sitting U.S. Sen. Mike Braun indicated that he would participate in two general election debates slated for October.
7th Circuit Court of Appeals
Morgan Morales v. Martin J. O’Malley, Commissioner of Social Security
23-2796
Civil. Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Magistrate Judge Kellie Barr. Affirms an administrative law judge’s determination that Morgan Morales is not disabled and therefore not entitled to Social Security disability benefits. Finds there was abundant evidence that supports that decision. Also finds the magistrate judge’s analysis addressed Morales’s primary challenges to the ALJ’s decision with clarity and efficiency.
The Indiana Supreme Court will be hearing seven oral arguments this month, including two back-to-back cases on June 19.
Abortion providers asserted during closing arguments Friday that narrow medical exemptions and a hospital requirement under the state’s near-total abortion ban deprive Hoosiers of their constitutional right to get the procedure when necessary to protect their health.
Congressional investigators are set Monday to press Anthony S. Fauci, the infectious-disease doctor who served as a key coronavirus adviser during the Trump and Biden administrations, on why the CDC’s recommendation to stay six feet apart during the pandemic was allowed to shape so much of American life for so long, particularly given Fauci and other officials’ recent acknowledgments that there was no science behind the six-foot rule after all.
At least two Texas border mayors are headed to Washington on Tuesday when President Joe Biden is expected to announce an executive order that will mark his latest and most aggressive plan to curtail the number of migrants allowed to seek asylum in the U.S.
Donald Trump has joined the popular video-sharing app TikTok, a platform he once tried to ban while in the White House, and posted from a UFC fight two days after he became the first former president and presumptive major party nominee in U.S. history to be found guilty on felony charges.
The Indiana Supreme Court reversed the Hamilton Superior Court’s judgment Thursday and held that it’s up to the Indiana Utility Regulatory Commission to decide if Noblesville’s unified development ordinance is reasonable, as the city looks to enforce the law in a dispute with Duke Energy, LLC.
Indiana Supreme Court
Duke Energy Indiana, LLC v. City of Noblesville, Indiana
23S-PL-130
Civil plenary. Reverses the Hamilton Superior Court’s judgment in favor of the City of Noblesville and ordering Duke Energy to comply with the city’s unified development ordinance and obtain permits, as well as the imposition of a $150,000 penalty against Duke for starting demolition without required permits and the awarding to Noblesville $115,679.10 in attorneys’ fees, expert fees, and costs. Finds that whether the Indiana Utility Regulatory Commission finds Noblesville’s unified development ordinance reasonable will dictate whether the trial court in turn grants Noblesville’s request to enforce its ordinance against Duke. Remands for further proceedings.
The Indiana Supreme Court reinstated the Indiana Utility Regulatory Commission to a case involving the City of Carmel, reversing an Indiana Court of Appeals decision that claimed the commission couldn’t be a party in the case while also acting as a fact-finding entity.
Tesla has settled another case linking a passenger’s death with an alleged vehicle design defect, records show, the second time in less than two months that the automaker has avoided a jury trial just days before it was set to begin.
