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7th Circuit declines to grant prisoner’s limited remand request on crediting issue

August 16, 2022 | Katie Stancombe

A prisoner seeking to remedy the reimposition of his original restitution order, which excluded hundreds of dollars he had already paid towards it, was denied his request on Monday after the 7th Circuit Court of Appeals concluded he would receive credit for the amount one way or another.

Feds oppose unsealing affidavit for Mar-a-Lago warrant

August 16, 2022 | Associated Press

The Justice Department on Monday rebuffed efforts to make public the affidavit supporting the search warrant for former President Donald Trump’s estate in Florida, saying the investigation “implicates highly classified material” and the document contains sensitive information about witnesses.

Evansville house explosion victims died of trauma, asphyxia

August 16, 2022 | Associated Press

Preliminary autopsy results released Monday for the three victims of a house explosion in a southern Indiana neighborhood show they died of blunt force trauma and compression asphyxia.

Starbucks asks labor board to halt union votes temporarily

August 16, 2022 | Associated Press

Starbucks on Monday asked the National Labor Relations Board to temporarily suspend all union elections at its U.S. stores, citing allegations from a board employee that regional NLRB officials improperly coordinated with union organizers.

What’s in big Biden bill? Health, climate goals become law

August 16, 2022 | Associated Press

President Joe Biden arrived at the White House promising to “build back” America, and legislation he’s signing Tuesday delivers a slimmer, though not insignificant, version of that once sweeping idea.

Former Indiana AG Hill seen as frontrunner among candidates to replace Walorski in Congress

August 15, 2022 | Marilyn Odendahl

A former state representative who resigned her seat weeks after being reelected, a current state representative who lost in the May 2022 primary and a former Indiana attorney general who was suspended from the practice of law for one month over allegations of sexual misconduct are among those who have filed so far to run as the Republican candidate for Indiana’s 2nd Congressional District.

Opinions Aug. 15, 2022

August 15, 2022

Court of Appeals of Indiana
Greg Serbon and John Allen v. City of East Chicago, Indiana, City of East Chicago Common Council; Monica Gonzalez, Lenny Franciski, Terrence Hill, Stacy Winfield, Robert Garcia, Gilda Orange, Dwayne Rancifer, Jr., Emiliano Perez, and Kenneth Monroe, in their official capacities as City of East Chicago Common Council Members; Anthony Copeland, in his official capacity as City of East Chicago Mayor; City of East Chicago Police Department; and Hector Rosario, in his official capacity as City of East Chicago Chief of Police, State of Indiana
21A-PL-1046
Civil plenary. Reverses the Lake Superior Court’s ruling that plaintiffs Greg Serbon and John Allen did not have standing to bring a federal constitutional challenge to the city of East Chicago’s “welcoming ordinance” but did have standing to challenge the ordinance under Indiana law, and the determination that Sections 3, 6(a) and 6(c) of the ordinance violate state statute and the subsequent enjoining of those laws. Finds the plaintiffs do not have standing to challenge the ordinance. Remands with instructions to dismiss the complaint for lack of standing.

COA rejects Lake County residents’ suit against East Chicago’s ‘welcoming ordinance’

August 15, 2022 | Katie Stancombe

Northern Indiana residents have failed in another attempt to do away with a local city “welcoming ordinance” — this time in the city of East Chicago — after the Court of Appeals of Indiana found that, like another attempt to remove such an ordinance in Gary, the plaintiffs ultimately lacked standing to bring their claim.

7th Circuit affirms judgment for felon who used accomplice to buy guns

August 15, 2022 | Jordan Morey

An Indiana felon who used an accomplice to purchase firearms couldn’t convince the 7th Circuit Court of Appeals that he was charged with duplicitous counts or that his sentence was improperly calculated. In July 2018, James Rogers, who had a previous felony conviction, went to a Rural King store in Bedford and handled multiple firearms […]

7th Circuits splits in affirming habeas corpus relief to Elkhart man convicted of murder

August 15, 2022 | Katie Stancombe

A split 7th Circuit Court of Appeals has affirmed an Elkhart man’s granted habeas corpus petition, finding that the Court of Appeals of Indiana applied a rule contradicting Supreme Court precedent in refusing him relief, leaving its decision not entitled to deference under the Antiterrorism and Effective Death Penalty Act.

FBI seized top secret documents in Trump estate search

August 15, 2022 | Associated Press

The FBI recovered “top secret” and even more sensitive documents from former President Donald Trump’s Mar-a-Lago estate in Florida, according to court papers released Friday after a federal judge unsealed the warrant that authorized the sudden, unprecedented search this week.

Man charged with attempted murder in shooting of Indiana cop

August 15, 2022 | Associated Press

Prosecutors on Friday filed two attempted murder charges and four other counts against a man accused of shooting an eastern Indiana police officer in the head during a traffic stop and search for possible narcotics.

Indiana staffing agency seeks $10M from state vendor in suit

August 15, 2022 | Peter Blanchard, Indianapolis Business Journal

A minority-owned staffing agency based in Batesville has filed a lawsuit in Marion County against a New Jersey-based company that alleges the out-of-state firm owes it $10 million related to a contract with the Indiana Family and Social Services Administration.

Device firm embroiled in lawsuit filed by investors

August 15, 2022 | John Russell, Indianapolis Business Journal

In a lawsuit filed last month in Marion Superior Court, investors of VoCare accused top officers and board members of self-dealing, gross mismanagement and fraudulent behavior that has put the privately held company in “imminent danger” of insolvency.

IndyBar defends Marion County Courts, accuses FOP president of ‘inaccurate allegations’

August 12, 2022 | IL Staff

Allegations about a Marion County judge made by the president of the Indianapolis Fraternal Order of Police, Lodge #86, is drawing sharp rebuttal from the Indianapolis Bar Association, which is asserting the community does not benefit from “reckless rhetoric.”

12 Indiana judges, lawyers apply for Molter’s upcoming COA vacancy

August 12, 2022 | IL Staff

Twelve Hoosier lawyers and judges have applied to fill an upcoming vacancy on the Court of Appeals of Indiana that will be left by Judge Derek Molter when he joins the Indiana Supreme Court next month.

Justices grant transfer to waterlogged tenants’ dispute

August 12, 2022 | IL Staff

After being buoyed by a win in the trial court then sunk by a reversal from an appellate panel, a group of Indianapolis businesses that sued after a sprinkler system broke and flooded their offices will be able to float their arguments again since the Indiana Supreme Court has granted transfer of their case.

Opinions Aug. 12, 2022

August 12, 2022

Court of Appeals of Indiana
Mario Sims v. Pete Buttigieg; Mike Schmul; Tim Corbett; St. Joseph County, by the Board of Commissioners of St. Joseph County, Indiana; City of South Bend, Indiana; Stephanie Steele, as Corporation Counsel for the City of South Bend; Tasha Reed Outlaw; Ann-Carol Nash; and Cristal Brisco
21A-CT-2309
Civil tort. Affirms the dismissal of Mario Sims’ complaint against officials and public entities from South Bend. Finds that pursuant to the screening procedure in Sims v. Scopelitis, 797 N.E.2d 348 (Ind. Ct. App. 2003), trans. denied (2004), Sims’ lawsuit should never had been filed, but there was no procedural error in the St. Joseph Circuit Court performing its mandated Scopelitis review after the premature filing of the complaint. Also finds that because the trial court determined Sims’ claims in the complaint cannot go forward, the appellees were not in default for not filing an answer or other responsive pleading as claimed by Sims in his appellate brief. Finally, finds the trial court properly dismissed Sims’ complaint with prejudice.

COA affirms dismissal of appeal from inmate with ‘penchant for litigation’

August 12, 2022 | Katie Stancombe

A South Bend man with a history of filing dozens of “meritless actions” has once again failed to convince the Court of Appeals of Indiana that he was wronged by the justice system, drawing it to further tighten the boundaries of his filing abilities.

CJ Rush to serve as chair of Marion Co. Judicial Selection Committee after David’s retirement

August 12, 2022 | IL Staff

Indiana Chief Justice Loretta Rush will fill in for Justice Steven David as the chair of the Marion County Judicial Selection Committee after he retires at the end of the month.

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In This Issue

  • What if ICE comes calling? Attorneys inundated with questions

  • Hamilton County plans $65M government center expansion for more courts

  • Art project depicts Indiana’s 92 county courthouses

Most Read
  • Former credit union manager indicted on fraud charges

  • Justice Ketanji Brown Jackson tells Indy crowd she’s not afraid to use her voice

  • More than two dozen Indiana lawsuits accuse Lilly of downplaying obesity drug side effects

  • Delphi killer Richard Allen transferred to Oklahoma facility 

  • Indianapolis liquor stores lose permits after accusations of forged documents

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