Migrants near US border face cold wait for key asylum ruling by SCOTUS
Thousands of migrants on the southern border are awaiting a U.S. Supreme Court decision on asylum restrictions.
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Police: Indiana deputy returns fire at man out with child
A man who was walking with a small child outside in the bitter cold early Friday shot at a southeastern Indiana sheriff’s deputy who returned fire and wounded him, state police said.
Curriculum, pre-K, culture bills among education priorities for state lawmakers
Changes to K-12 curriculum, increased access to early-childhood education and a response to Indiana’s ongoing teacher shortage are top-of-mind issues for Indiana lawmakers as the 2023 legislative session nears.
Judge: NW Indiana hospital must keep ER open for 9 months
A northwestern Indiana hospital that was days away from closing its emergency room has been ordered by a judge to keep those emergency services operational for another nine months.
Appellate rule change will enable litigants to cite ‘persuasive’ memorandum opinions
The Indiana Supreme Court is amending the appellate rules to allow litigants to cite to memorandum decisions for “persuasive value,” a change the Appellate Practice Section of the Indianapolis Bar Association has been advocating for since 2013.
Existing, new senior judges certified for 2023
| IL Staff
The Indiana Supreme Court is ending the year by restocking the pool of senior judges who will be available to dive in and help keep the lower courts functioning in the upcoming year.
District court dismisses vaccine mandate complaint from already-vaccinated St. Vincent employee
A physician’s assistant at St. Vincent Medical Group who received the COVID-19 vaccine after her employer mandated it but sued alleging federal civil rights violations has failed to secure relief from a federal court, which dismissed her complaint.
Opinions Dec. 23, 2022
The following 7th Circuit Court of Appeals opinion was posted after IL deadline on Thursday:
United States of America v. Thomas Jones, et al.
20-1405, 20-1442, 20-2112, 20-2304, 20-2420, 20-2458, 20-2462, 20-2498, 20-2499, 20-3266, 21-1002
Appeals from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge James R. Sweeney, II.
Criminal. Affirms all challenged drug-related convictions for Pierre Riley, Reggie Balentine, Michael O’Bannon, Michael Jones, Jason Reed, Shaun Myers, Perry Jones, Thomas Jones, Derrick Owens and Antwon Abbott. Affirms all defendant-appellants’ sentences except that of Thomas Jones. Finds no reversible error except as to the imposition of a two-level firearm enhancement to Thomas’ sentence. Remands Thomas’ case for resentencing. Judge Thomas Kirsch dissents in part with separate opinion.
7th Circuit affirms convictions in wide-ranging drug conspiracy, splits over resentencing
The 7th Circuit Court of Appeals has affirmed convictions and sentences in a wide-ranging challenge to a drug conspiracy case, affirming against the 10 defendants in all instances except one sentencing challenge. That one reversal prompted a dissent.
Holcomb awaiting April forecast to see what state can afford in 2023-2024 budget
Republican legislative leaders have been urging caution on new spending since a new economic forecast this month predicted a mild recession next year, but Gov. Eric Holcomb remains hopeful that his legislative priorities can be funded.
Jan. 6 report: Trump ‘lit that fire’ of Capitol insurrection
The Jan. 6 committee’s final report asserts that former President Donald Trump criminally engaged in a “multi-part conspiracy” to overturn the lawful results of the 2020 presidential election and failed to act to stop his supporters from attacking the Capitol.
House passes $1.7 trillion spending bill with Ukraine aid
A $1.7 trillion spending bill financing federal agencies through September and providing more aid to a devastated Ukraine cleared the House on Friday as lawmakers race to finish their work for the year and avoid a partial government shutdown.
Arizona to remove shipping container wall from Mexico border
Arizona will take down a makeshift wall made of shipping containers at the Mexico border, settling a lawsuit and political tussle with the U.S. government over trespassing on federal lands.
FTX founder Bankman-Fried allowed $250M bond, house arrest
Cryptocurrency entrepreneur Sam Bankman-Fried walked out of a Manhattan courthouse Thursday with his parents after they agreed to sign a $250 million bond and keep him at their California home while he awaits trial.
Appellate court rejects Brady claim but rebukes state for not disclosing witness’s complete criminal history
While the Court of Appeals of Indiana agreed with the state that the withholding of evidence about a witness was “negligible, at best” in a trial that ended with a murder conviction, it admonished the prosecutors for failing to disclose.
COA finds Indiana Evidence Rule 703 allows nurse’s testimony in child abuse case
A Marion County man convicted of abusing his infant son failed to get a nurse’s testimony thrown out as hearsay.
Split COA affirms for out-of-state uninsured motorist, but dissent points to recent statutory amendment
A repeat uninsured motorist from Illinois who sued for damages after a Lake County car accident can continue to pursue noneconomic damages, the Court of Appeals of Indiana has affirmed.
7th Circuit orders East Chicago to restore firefighters’ schedule, but judge warns of infringement on democracy
In a dispute between the mayor of East Chicago and the local firefighters union that opposes him, the 7th Circuit Court of Appeals agreed that the city violated the firefighters’ First Amendment rights.
Opinions Dec. 22, 2022
Court of Appeals of Indiana
Michael Bass Chatman v. State of Indiana
22A-CR-934
Criminal. Affirms Michael Bass Chatman’s conviction of Level 3 felony aggravated battery resulting in serious bodily injury to a person less than 14 years old. Finds the testimony by the pediatric nurse practitioner was not inadmissible hearsay under Indiana Evidence Rule 703.
Judge Young, who threw out Indiana’s gay marriage ban, stepping down
The federal judge who struck down Indiana’s ban on same-sex marriages a year before the U.S. Supreme Court did so nationally has decided to step down from full-time status after 25 years.