COA upholds admission of gun found on juvenile
A trial court did not err in admitting evidence seized as a result of a stop and pat-down of a juvenile, the Court of Appeals of Indiana has affirmed.
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Fraud case against car dealership should have survived summary judgment, COA rules in reversal
A man who claims a dealership told him the engine in his truck was under warranty when it really wasn’t should be able to take his case before a jury, the Court of Appeals of Indiana ruled in reversing a trial court’s grant of summary judgment.
Attorney General Merrick Garland appoints special counsel in Hunter Biden probe
Attorney General Merrick Garland announced Friday he has appointed a special counsel in the Hunter Biden probe, deepening the investigation of the president’s son ahead of the 2024 election.
Indiana GOP endorses Jim Banks’ U.S. Senate run
The Indiana Republican Party is putting its weight behind U.S. Rep. Jim Banks in his pursuit of Indiana’s open U.S. Senate seat in the 2024 election, all but guaranteeing that the 3rd District congressman will secure the GOP nomination in the May primary.
Supreme Court blocks, for now, OxyContin maker bankruptcy deal that would shield Sacklers
The U.S. Supreme Court on Thursday temporarily blocked a nationwide settlement with OxyContin maker Purdue Pharma that would shield members of the Sackler family who own the company from civil lawsuits over the toll of opioids.
Prosecutors seek Jan. 2 trial date for Trump in 2020 election conspiracy case
Prosecutors with special counsel Jack Smith’s team asked a judge on Thursday to set a Jan. 2 trial date for former President Donald Trump in the case charging him with plotting to overturn his 2020 election loss.
7th Circuit certifies question of what constitutes ‘arson’ to IN Supreme Court, stays appeal challenging enhanced sentence for felon-in-possession conviction
The 7th Circuit Court of Appeals is asking the Indiana Supreme Court to provide guidance on what constitutes “arson” under state law.
7th Circuit affirms sentence enhancement based on 3 prior IN burglaries
A district court properly imposed an enhanced sentence on a man convicted of being a felon in possession of a firearm because his three prior burglary convictions in Indiana qualified him for the enhancement, the 7th Circuit Court of Appeals ruled Thursday.
Indianapolis teacher appeals denial of injunction against law prohibiting ‘human sexuality’ instruction in grades K-3
An Indianapolis teacher has filed an appeal to overturn a federal judge’s denial of her motion for a preliminary injunction against a new Indiana law that prohibits instruction on human sexuality in grades K-3.
Bankruptcy filings up in Indiana amid 10% increase nationally
| IL Staff
Personal and business bankruptcy filings increased 10% nationally in the 12-month period that ended in June, according to data from the Administrative Office of the U.S. Courts.
Opinions Aug. 10, 2023
7Th Circuit Court of Appeals
United States of America v. Paul Erlinger
22-1926
Appeal from the United States District Court for the Southern District of Indiana, Terre Haute Division. Judge Jane Magnus-Stinson.
Criminal. Affirms Paul Erlinger’s sentence to 15 years for illegally possessing a firearm. Finds there is no basis to hold that the Indiana burglary statute no longer qualifies for an enhanced sentence mandated by the Armed Career Criminal Act. Also finds that a preponderance of the evidence shows Erlinger’s offenses were committed on separate occasions.
Concord Law School to be renamed Purdue Global Law School
| IL Staff
Concord Law School will become Purdue Global Law School later this year.
Utah man suspected of threatening Biden shot, killed as FBI served warrant
An armed Utah man accused of making violent threats against President Joe Biden was shot and killed by FBI agents hours before the president landed in the state Wednesday, authorities said.
Special counsel got search warrant for Twitter to turn over info on Trump’s account, documents say
Special counsel Jack Smith’s team obtained a search warrant in January for records related to former President Donald Trump’s Twitter account, and a judge levied a $350,000 fine on the company for missing the deadline to comply, according to court documents.
Florida Gov. DeSantis suspends another Democratic prosecutor as he seeks GOP presidential nomination
Florida Gov. Ron DeSantis on Wednesday suspended the top prosecutor in Orlando, again wielding his executive power over local government in taking on a contentious issue in the 2024 presidential race.
HBCU student-athlete sues NCAA for discrimination in assessment of academic performance
A women’s basketball player at Grambling State University in Louisiana is accusing the Indianapolis-based NCAA of discriminating against historically Black colleges and universities in a federal lawsuit filed Aug. 4.
St. Joseph Co. judge suspended for 45 days says it ‘never occurred’ to him that actions were unethical
A filing in the discipline case against St. Joseph Probate Judge Jason Cichowicz sheds light on the facts surrounding his 45-day suspension and his defense. Meanwhile, the man whose relationship with Cichowicz underpins the action says Cichowicz was “bullied.”
More plaintiffs added to Landmark Recovery lawsuit as addiction treatment center petitions to get licenses back
More plaintiffs have been added to a lawsuit brought by former patients of an addiction treatment center in Mishawaka that had its license revoked following the deaths of three people.
Despite pleading to charge that was beyond statute of limitations, defendant finds no relief at 7th Circuit
A man who unknowingly pleaded guilty to a charge for which the statute of limitations had run has failed to secure habeas relief at the 7th Circuit Court of Appeals after also failing to secure post-conviction relief in the state courts.
Opinions Aug. 9, 2023
Court of Appeals of Indiana
David W. Helvey v. State of Indiana (mem. dec.)
23A-CR-299
Criminal. Affirms David Helvey’s aggregate 20-month sentence for Level 6 felony intimidation and four counts of Class A misdemeanor intimidation. Finds Helvey’s sentence is not inappropriate in light of the nature of the offenses and his character.