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DCS director to resign, chief of staff named successor

May 2, 2023 | IL Staff

Indiana Department of Child Services Director Terry Stigdon will resign from the agency, Gov. Eric Holcomb announced Monday. Her last day is Friday. The agency’s current chief of staff, Eric Miller, has been named the new director.

Opinions May 2, 2023

May 2, 2023

The following 7th Circuit Court of Appeals opinion was posted after IL deadline on Monday:
United States of America v. William G. Curtis
21-2615
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Senior Judge James T. Moody.
Criminal. Affirms the district court’s decision to refuse consideration of resentencing William G. Curtis for firearms-related sentences under the Fair Step Act. Finds a district court does have authority under the act to reduce an aggregate sentence, even if part of the sentence rests on offenses that are not covered by the act nor grouped with a covered offense. Also finds the district court’s error in assuming it lacked authority was harmless. Finally, finds Curtis’ consecutive sentences for firearms-related convictions were distinct and disaggregated from his drug conspiracy-related sentences.

Federal magistrate denies student’s motion to compel in discrimination suit against Noblesville Schools

May 2, 2023 | Tyler Fenwick

A federal magistrate judge has denied a motion to compel in a case involving a Noblesville High School student who wanted to start an anti-abortion group and sued the district for discrimination.

District court correct in declining to reduce sentence for gun offenses, 7th Circuit affirms

May 2, 2023 | Daniel Carson

A district court ruled correctly when it declined to impose a reduced sentence for a convicted drug trafficker’s gun-related offenses, the 7th Circuit Court of Appeals affirmed Monday.

Elkhart Co. dismissed from federal lawsuit filed by wrongfully convicted man with mental disabilities

May 2, 2023 | Olivia Covington

Elkhart County has secured dismissal from a civil rights lawsuit filed by a man with severe mental disabilities whose murder conviction was vacated after nearly 17 years in prison.

Law firm planning new HQ in downtown Fishers

May 2, 2023 | Daniel Bradley, Indianapolis Business Journal

A Fishers-based law firm is planning to build a three-story headquarters near the city’s Nickel Plate District.

Libertarian Donald Rainwater announces 2024 gubernatorial campaign

May 2, 2023 | Indiana Capital Chronicle

Libertarian Donald Rainwater announced his intention to run for governor in 2024 after netting an historic 11.4% in the 2020 gubernatorial election as a third-party candidate.

Decatur Co. teacher charged after sending student 600 texts

May 2, 2023 | Associated Press

Prosecutors have charged an Indiana teacher with stalking after she allegedly sent a 15-year-old student more than 600 texts that included lewd jokes.

Indiana governor signs bill easing birth control access

May 2, 2023 | Associated Press

Women in Indiana will be able to obtain birth control without a doctor’s prescription under a bill signed into law Monday, which grants broader access to contraception months after the Republican-dominated Legislature enacted a statewide abortion ban.

Justices to consider case involving fishing boat monitor pay

May 2, 2023 | Associated Press

The U.S. Supreme Court will take up the subject of who pays for workers who gather valuable data aboard commercial fishing boats.

Supreme Court Justice Stevens’ private papers open to public

May 2, 2023 | Associated Press

A wide-ranging selection of papers that belonged to Supreme Court Justice John Paul Stevens is opening to researchers Tuesday at the Library of Congress.

Opinions May 1, 2023

May 1, 2023

Court of Appeals of Indiana
Ty Evans v. State of Indiana
22A-PC-220
Post-conviction relief.  Reverses the post-conviction court’s denial of relief to Ty Evans and remands to the court with instructions to issue an amended abstract of judgment consistent with the opinion. Finds Evans demonstrated that he was not a habitual offender under the laws of the state and that his two convictions did not in fact occur in the required order.

SCOTUS declines to revisit Indiana law requiring burial, cremation of aborted fetal remains

May 1, 2023 | Olivia Covington

The U.S. Supreme Court has declined to revisit an Indiana abortion law that requires the burial or cremation of aborted fetal remains.

IN Supreme Court should consider resisting law enforcement case, Chief Justice Rush writes in dissent to transfer denial

May 1, 2023 | IL Staff

Indiana Chief Justice Loretta Rush has penned a dissent to the denial of transfer to a case involving a woman convicted of resisting law enforcement, writing that the case would be an opportunity to clarify what it means to “forcibly” resist law enforcement.

Terre Haute inmate gets additional 2.5 years for assaulting correctional officer

May 1, 2023 | IL Staff

An inmate at the Terre Haute Federal Correctional Institution has been sentenced to an additional 2½ years in prison for assaulting a federal correctional officer, the U.S. Attorney’s Office for the Southern District of Indiana announced Friday.

Man secures reversal after trial court denies successive PCR petition in attempted murder case

May 1, 2023 | Alexa Shrake

A man whose attempted murder sentence was enhanced by 30 years has secured a post-conviction reversal in his favor, with the Court of Appeals of Indiana focusing on the chronological order of two convictions underlying a habitual offender enhancement.

Indy dermatologist gets probation, $360K in restitution for underreporting $1.2M in income

May 1, 2023 | IL Staff

An Indianapolis dermatologist has been sentenced to three years of probation for underreporting at least $1.2 million in taxable income over a three-year period. David Gerstein, 63, of Hamilton County, has also been ordered to pay $360,669 in restitution.

fees

Miller, Watson to receive distinguished legal service awards

May 1, 2023 | IL Staff

A federal judge and a retired professor at the Indiana University Robert H. McKinney School of Law alumni will be honored this summer with awards for their distinguished legal service.

Supreme Court to decide important case on government power

May 1, 2023 | Associated Press

The U.S. Supreme Court said Monday it will decide whether to jettison a decades-old decision that has been a frequent target of conservatives and, if overruled, could make it harder to sustain governmental regulations.

Man gets 240 years in prison for 2020 Indy slayings of 4 people

May 1, 2023 | Associated Press

A man convicted of four counts of murder and other charges in the fatal Indianapolis shootings of three young men and a young woman was sentenced Friday to 240 years in prison.

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In This Issue

  • Will U.S. Supreme Court hear request to overturn landmark decision on same-sex marriage?

  • Fort Wayne end-of-life doula tests bounds of Indiana’s funeral laws

  • New Notre Dame program helps first-year law students

Most Read
  • Indiana attorney Zuckerberg sues Meta over accusations he’s impersonating Facebook founder

  • Disciplinary case against AG Todd Rokita is taking some ‘uncommon’ turns

  • Two attorneys suspended for failing to cooperate with state disciplinary commission

  • Birth certificate changes for seven transgender Hoosiers are in limbo

  • State judiciary is considering alternative exam for bar admission

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