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Opinions Aug. 17, 2022

August 17, 2022

7th Circuit Court of Appeals
Mathusala Menghistab v. Merrick B. Garland, Attorney General of the United States
21-2099
Petition for Review of an Order of the Board of Immigration Appeals.
Immigration. Denies the government’s petition for rehearing except to make changes to the original June 21 opinion to clarify that the Board of Immigration Appeals is not responsible for factfinding.

7th Circuit makes edits to clarify immigration judge, not immigration board, will conduct evidentiary hearing

August 17, 2022 | Marilyn Odendahl

The 7th Circuit Court of Appeals has denied the federal government’s petition for a rehearing of an immigration appeal but did make a handful of edits to its original opinion after the Department of Justice objected to the language.

Appellate court reverses probation revocation for man denied due process, orders new hearing

August 17, 2022 | Jordan Morey

A man will get a new hearing after the Court of Appeals of Indiana concluded the Marion Superior Court violated his due process rights by not properly advising him during probation revocation proceedings.

COA: Property owners waited too long demand house be removed

August 17, 2022 | Marilyn Odendahl

In a ruckus between neighbors started by a corner of a house and a brown shed that are both over the property line, the Court of Appeals of Indiana toppled the trial court ruling and found the homeowners had title to the disputed property through adverse possession.

Ex-Indiana lawmaker, casino exec sentenced in casino money scheme

August 17, 2022 | Associated Press

A former Indiana state senator and a longtime casino executive were sentenced Wednesday to federal prison terms for their roles in a scheme that illegally funneled gambling company money to the politician’s unsuccessful 2016 congressional campaign.

Teen charged in death of Indiana girl moving closer to trial

August 17, 2022 | Associated Press

A teenage boy accused of killing a 6-year-old northern Indiana girl is moving closer to a possible trial after a judge declined to dismiss charges in the case and doctors found him competent to stand trial.

Kids-for-cash judges ordered to pay more than $200M

August 17, 2022 | Associated Press

Two former Pennsylvania judges who orchestrated a scheme to send children to for-profit jails in exchange for kickbacks were ordered to pay more than $200 million to hundreds of people they victimized in one of the worst judicial scandals in U.S. history.

Biden signs massive climate and health care legislation

August 17, 2022 | Associated Press

President Joe Biden signed Democrats’ landmark climate change and health care bill into law on Tuesday, delivering what he has called the “final piece” of his pared-down domestic agenda, as he aims to boost his party’s standing with voters less than three months before the midterm elections.

Giuliani faces grand jury in Georgia 2020 election probe

August 17, 2022 | Associated Press

Rudy Giuliani faced questioning Wednesday before a special grand jury in Atlanta as a target of an investigation into attempts by former President Donald Trump and others to overturn his 2020 election defeat in Georgia.

IndyBar: Indianapolis Bar Association Responds to Criticism of the Marion County Criminal Courts

August 17, 2022 | From IndyBar

The Indianapolis Bar Association has learned of recent public statements made by the president of the Fraternal Order of Police #86, Rick Snyder, regarding Marion County’s criminal justice system.

Eviction case turns into constitutional challenge

August 17, 2022 | Marilyn Odendahl

All Darleana Johnson wanted to do was stay in her house on Solomon Avenue.

Wohlford: Ensuring ‘inclusion’ goals are not shorthand for ‘exclusion’

August 17, 2022 | Mark Wohlford

In recent years, there seems to be a growing litigation focus on employment discrimination against majority populations as protected classes.

Hammerle on… “Mrs. Harris Goes to Paris” and “Gabby Giffords Won’t Back Down”

August 17, 2022 | Robert Hammerle

Indianapolis criminal defense attorney Bob Hammerle gives us his take on “Mrs. Harris Goes to Paris” and “Gabby Giffords Won’t Back Down.”

IndyBar: President’s Message: News from the CJC

August 17, 2022 | Judge Alicia Gooden and From IndyBar

The Community Justice Campus (CJC for short) has been open for business for three months, so I would like to take the opportunity to provide some reflections and information about the transition and our current operations.

SEA 1 raises questions, fears over criminal penalties

August 17, 2022 | Marilyn Odendahl

Although Indiana Republican legislators have been adamant that the state’s new abortion ban does not criminalize women, attorneys who have been reading the statute maintain the language is vague and prosecutors still have discretion.

Indiana Court Decisions: July 28-Aug. 10, 2022

August 17, 2022

Read Indiana appellate court decisions from the most recent reporting period.

Marquez: What is the cost of cybersecurity? Often, convenience

August 17, 2022 | Tino Marquez

With every decision come factors we must prioritize to better guide us in making choices that align with what we value most. In terms of technology investments, these factors often boil down to security, convenience and cost.

‘I’m really happy that I’m not an in-house counsel’: Lifted injunctions alter IN abortion laws even as Legislature passes ban

August 17, 2022 | Jordan Morey

In the weeks leading up to the Indiana General Assembly’s special legislative session — as well as during the time lawmakers were in their Statehouse chambers drafting a new bill — Indiana’s abortion laws changed. Not in the sense of new legislation, but in the reality that old laws on the books could be enforced after years-old injunctions blocking them in federal courts were lifted.

Macchia: Mental health at work: Flagging key issues for employers

August 17, 2022 | Melissa Macchia

While recent events have contributed to and exacerbated this problem, the presence of mental health issues in the workplace existed long before the beginning of a global pandemic. Despite that fact, employers still at times simply do not know how to confront and handle mental health issues.

Maurer: In Roe decision, justice tainted high court

August 17, 2022 | Mickey Maurer

Let’s focus on one man, Supreme Court Justice Brett Kavanaugh, who besmirched the very institution on which he serves by misleading Maine Sen. Susan Collins and the American people about his determination to overturn Roe v. Wade.

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In This Issue

  • Will Trump’s interest in reclassifying marijuana push Indiana towards legalization?

  • Legislators take closer look at medical debt protections

  • Global law firm ups competition for Indiana casino clients

Most Read
  • Former credit union manager indicted on fraud charges

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

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

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

  • Dustin Houchin: Taking a closer look at questions of justice and mercy

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