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7th Circuit upholds convictions, sentences in scheme to defraud SBA

August 8, 2023 | Tyler Fenwick

The 7th Circuit Court of Appeals upheld the convictions and sentences for five people who took part in a scheme to defraud the Small Business Administration, with the exception of a clerical error in a supervised release condition for one of the defendants.

fees

Dealing resulting in death conviction upheld after COA upholds admission of texts from victim’s phone

August 8, 2023 | Alexa Shrake

The Court of Appeals of Indiana has affirmed a man’s conviction for dealing resulting in death, finding the trial court didn’t abuse its discretion in admitting text messages from the victim’s phone as evidence.

COA affirms order upholding mental health commitment

August 8, 2023 | Daniel Carson

The Court of Appeals of Indiana affirmed a trial court’s denial of a man’s petition challenging his continued confinement at a mental health facility, finding the evidence showed the man remained dangerous to himself and others.

ACLU challenges state’s new 25-foot encroachment law for law enforcement

August 8, 2023 | IL Staff

The American Civil Liberties Union of Indiana filed a federal lawsuit challenging the state’s new 25-foot encroachment law, which prohibits a person from approaching within 25 feet of a law enforcement officer after the officer has ordered the person to stop.

COA orders new trial after finding ‘evidentiary harpoon’ placed defendant in peril

August 8, 2023 | Daniel Carson

A trial court abused its discretion by not granting a man’s request for a mistrial based on an “evidentiary harpoon,” the Court of Appeals of Indiana ruled in a Tuesday reversal.

Tax Court upholds higher assessments after untimely challenges

August 8, 2023 | Olivia Covington

After a series of back-and-forth decisions, a higher assessment will remain in place for land owned by a Bartholomew County couple whose challenge to that higher assessment for two tax years was untimely.

Opinions Aug. 8, 2023

August 8, 2023

Court of Appeals of Indiana
Kurt Russell v. State of Indiana
22A-CR-2299
Criminal. Affirms Kurt Russell’s conviction of Level 1 felony dealing in a controlled substance resulting in death. Finds the Boone Superior Court did not abuse its discretion when it admitted evidence extracted from a phone other than the one found on the counter near Maxwell Timbrook’s body because the content of both phones were the same given that they were linked to the same iCloud account. Also find the state presented sufficient evidence that Russell delivered fentanyl to Timbrook, and he died ingesting the fentanyl.

DOC plans to close Indiana State Prison as part of new Westville project — which now tops $1.2B

August 8, 2023 | Indiana Capital Chronicle

The Indiana Department of Correction plans to close the state prison in Michigan City after a new, $1.2 billion prison facility was approved last week by budget regulators. That’s a change from the DOC’s previous plan to keep both prison sites open.

Event Routes

States seek to let teens as young as 14 serve booze in restaurants

August 8, 2023 | Indiana Capital Chronicle

There’s a growing trend among states to propose and enact legislation allowing teens — as young as 14 — to serve alcohol in restaurants, among laws rolling back other child labor limits.

Appeals court halts new Biden rules on debt relief for defrauded students

August 8, 2023 | Washington Post

On Monday, the U.S. Court of Appeals for the 5th Circuit issued an injunction to prevent the government from implementing regulations that took effect last month while it considers a lawsuit brought by Career Colleges and Schools of Texas.

Republicans are talking up the possibility of impeaching Biden. Is it what voters want to hear?

August 8, 2023 | Associated Press

The threat of a Republican-led impeachment inquiry into President Joe Biden’s family finances and the churning U.S. House probes of his son, Hunter Biden, have turned off some conservative voters.

Indiana teacher with ‘kill list’ of students, staff sentenced to 2½ years on probation

August 8, 2023 | Associated Press

A former fifth-grade teacher in northwestern Indiana who was charged with felony intimidation after authorities say she told a student she had a “kill list” of students and staff has been sentenced to 2½ years on probation.

 

Hospital employee loses appeal of summary judgment for ex-employer over denied COVID mask accommodations

August 7, 2023 | Alexa Shrake

A hospital director who claimed she couldn’t wear a mask to work during COVID due to her anxiety failed to convince the 7th Circuit Court of Appeals that her discrimination and retaliation claims against her former employer should be revived.

COA to host oral arguments at Gainbridge Fieldhouse

August 7, 2023 | IL Staff

The Court of Appeals of Indiana will visit Gainbridge Fieldhouse next month to host oral arguments in one of the state’s largest event venues.

COA declines to address fundamental error claims because woman explicitly said she had no objection to evidentiary admissions

August 7, 2023 | Alexa Shrake

In an opinion covering less than two pages, the Court of Appeals of Indiana summarily affirmed a woman’s drug-related convictions, finding she could not challenge the admission of evidence because she explicitly stated at trial that she did not object.

Opinions Aug. 7, 2023

August 7, 2023

7th Circuit Court of Appeals
Anna Kinney v. St. Mary’s Health, Inc., doing business as St. Vincent Evansville
22-2740
Appeal from the U.S. District Court for the Southern District of Indiana, Evansville Division.
Senior Judge Richard L. Young.
Civil. Affirms the grant of summary judgment to St. Mary’s Health Inc. on Anna Kinney’s Americans with Disabilities Act and Title VII claims. Finds no reasonable juror could find that Kinney could perform certain essential functions of her job without being present in the radiology department that she oversaw, so she was not a qualified individual for the job under the ADA, and even if she had been, the accommodation she requested was not reasonable. Also finds Kinney’s resignation was not a constructive discharge. Finally, regarding promotions Kinney applied for but did not receive, her claims did not show genuine issues of material fact.

St. Joseph probate judge Cichowicz to serve 45-day suspension without pay, with automatic reinstatement

August 7, 2023 | IL Staff

St. Joseph County Probate Judge Jason A. Cichowicz will begin serving a 45-day suspension without pay next month following the filing of a seven-count disciplinary complaint against him earlier this year.

Conservative groups sue to block Biden plan canceling $39 billion in student loans

August 7, 2023 | Associated Press

Two conservative groups are asking a federal court to block the Biden administration’s plan to cancel $39 billion in student loans for more than 800,000 borrowers.

Justice Department faces biggest test in history with election conspiracy case against Trump

August 7, 2023 | Associated Press

When the Justice Department was announcing the highest-profile prosecution in its history in Washington, Attorney General Merrick Garland was 100 miles away, meeting with local police in Philadelphia.

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In This Issue

  • More executions? Some doubts rise amid concerns about the high cost of lethal-injection drugs

  • More than 14,000 Hoosiers on electronic monitoring, data shows

  • Nominees Wheeler, Mildred ready to serve as U.S. Attorneys in Indiana

Most Read
  • Colleagues remember John Trimble as ‘pillar’ of Indiana’s legal community

  • Trump selects Wheeler, Mildred as U.S. Attorney nominees in Indiana, Banks says

  • Lawmaker seeks help for mobile home tenants barred from using window A/C units

  • List of new Indiana laws approved this year

  • Justice Ketanji Brown Jackson tells Indy crowd she’s not afraid to use her voice

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