Parke Co. inmate allegedly attacked officer in his jail cell
A western Indiana jail inmate faces felony charges for allegedly attacking and trying to choke a correctional officer in his jail cell, police said.
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US Supreme Court asked to bar punishment for acquitted conduct
In courtrooms across America, defendants get additional prison time for crimes that juries found they didn’t commit. The U.S. Supreme Court is being asked, again, to put an end to the practice.
Judge orders another long prison term in Gov. Whitmer plot
A Delaware trucker described as an architect of the conspiracy to kidnap Michigan’s governor was sentenced Wednesday to more than 19 years in prison — the longest term yet given to anyone convicted in the plot.
Should the state ax its individual income tax?
A powerful Indiana Senate Republican plans to introduce legislation next year to create a commission to consider changes to Indiana’s tax structure, including phasing out the state income tax.
Police: Brookville man shot wife, shot at cop while walking
A southeastern Indiana man allegedly shot and critically wounded his wife before later shooting at an officer as the suspect walked outside in the bitter cold carrying a child, police said.
US Supreme Court keeps asylum limits in place for now
The Supreme Court is keeping pandemic-era limits on asylum in place for now, dashing hopes of migrants to reach the United States.
State lawsuits defend abortion access with religious freedom
The Dobbs v. Jackson ruling left abortion rights up to the states. As a result, lower courts in at least five states, including Indiana, have issued rulings in abortion-related religious freedom lawsuits.
Legal aid receives major funding increase from Congress
| IL Staff
Legal Services Corp., which supports legal aid organizations around the country including Indiana Legal Services, has received a $560 million appropriation from Congress — a 14.5% increase over last year’s $489 million and the largest percentage boost in funding since 1979.
Opinions Dec. 27, 2022
Court of Appeals of Indiana
John C. Miller v. State of Indiana
22A-CR-1055
Criminal. Affirms John C. Miller’s convictions of Level 4 felony possession of methamphetamine and Class C misdemeanor possession of paraphernalia. Finds Whitley Circuit Court did not abuse its discretion when it admitted evidence recovered during a pat-down search of Miller. Finds the pat-down search was supported by reasonable suspicion and thus did not violate Miller’s Fourth Amendment rights.
COA: Deputies had reasonable suspicion for pat-down
A northeastern Indiana man has failed to convince the Court of Appeals of Indiana that deputies violated his Fourth Amendment rights when they patted him down and arrested him after an anonymous noise complaint was called in against him.
Indiana Northern District Attorney’s Office collects more than $7M in civil, criminal actions in FY 2022
| IL Staff
The U.S. Attorney’s Office for the Northern District of Indiana collected $7,065,356.11 in civil and criminal actions for the fiscal year 2022, the office announced Dec. 21.
COA splits in dispute over repaired sign’s continued status under development ordinance
A split Court of Appeals of Indiana has found for a board of zoning appeals in a fight over whether the replacement and relocation of the supporting posts allowed a freestanding sign to keep its nonconforming status under a local ordinance.
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.
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.