IN justices take med-mal, delinquency cases
The Indiana Supreme Court granted transfer to two cases out of 22 last week, including a medical malpractice case and a juvenile delinquency adjudication voided by the Court of Appeals of Indiana.
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DCS director to resign, chief of staff named successor
| 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
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
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
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
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
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
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
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
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
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
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
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
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
| 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
| 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
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
| 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.
Miller, Watson to receive distinguished legal service awards
| 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
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.