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7th Circuit affirms denied motion to suppress $2M, trafficked drugs from search

June 21, 2022 | Katie Stancombe

A man involved in a multimillion-dollar drug trafficking ring did not convince the 7th Circuit Court of Appeals that his motion to suppress hefty amounts of drugs and cash found in his hotel room should have been granted.

Opinions June 21, 2022

June 21, 2022

7th Circuit Court of Appeals
United States of America v. Dewayne Lewis

21-1614
Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Judge Theresa L. Springmann.
Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Judge Theresa L. Springmann.
Criminal. Affirms the denial of Dewayne Lewis’s motion to suppress evidence of large quantities of cash and drugs found in his hotel room tied to a drug trafficking operation. Finds Lewis lacked a reasonable expectation of privacy in the exterior hallway of his hotel, where a dog sniff occurred revealing the presence of drugs. Finds the good-faith exception applies, regardless of whether the government’s use of real-time CSLI amounted to a search. Concludes that because the Northern District Court correctly denied the motion to suppress, the sufficiency of the remaining evidence does not need to be assessed.

Indiana AG defends ‘common sense’ trans athlete law in brief

June 21, 2022 | Jordan Morey

Calling the American Civil Liberties Union “leftist” and the lawsuit challenging a ban on transgender girls in girls’ sports “nonsensical wokesim,” Indiana Attorney General Todd Rokita has filed a brief supporting the new measure restricting K-12 transgender athletes from participating in their gender-identifying sport.

Shareholders at Ciyou & Dixon working to resolve differences

June 21, 2022 | Marilyn Odendahl

One of the founding attorneys at Ciyou & Dixon, a small Indianapolis law office started in 1995, has filed a petition to dissolve the firm. However, the attorney’s counsel said the management is close to reaching an amicable resolution which will enable the firm to continue.

Fort Wayne businesswoman sentenced for illegally storing hazardous waste, falsifying document

June 21, 2022 | IL Staff

The former president of a Fort Wayne business that portrayed itself as an environmental services company providing waste management services has been sentenced in federal court, the U.S. Department of Justice announced Friday.

SCOTUS rules religious schools can get Maine tuition aid

June 21, 2022 | Associated Press

The Supreme Court ruled Tuesday that Maine can’t exclude religious schools from a program that offers tuition aid for private education, a decision that could ease religious organizations’ access to taxpayer money.

1st Native American US treasurer to be appointed, head Mint

June 21, 2022 | Associated Press

A Native American is being appointed U.S. treasurer, a historic first.

1/6 panel to hear from Raffensperger, others Trump pushed

June 21, 2022 | Associated Press

The House 1/6 committee is set to hear from the caretakers of American democracy — elections workers and local officials — who fended off Donald Trump’s pressure to overturn the 2020 presidential election, at times despite frightening personal attacks.

Indiana gas tax set to increase while state eyes inflation relief

June 21, 2022 | Associated Press

Indiana will see another increase in state gasoline taxes starting July 1 amid promises of inflation relief—including a proposal to issue direct payments to Indiana residents later this month.

Opinions June 20, 2022

June 20, 2022

Clarence L. White, Folabi E. Oshinubi, and Denzel Lewis v. Krys Szalasny,
21A-CC-2063
Civil collections. Reverses Tippecanoe Circuit Court’s order granting tenants Clarence White, Folabi Oshinubi and Denzel Lewis attorney fees only for work done on the claim of breach of contract by landlord Krys Szalasny. Finds the tenants should be awarded attorney fees for time taken related to the petition for fees. Remands to the trial court to award tenants those fees and an additional $3,937 in attorney’s fees to compensate their time on the fee claim.

Split 7th Circuit allows RV worker’s age discrimination claim to continue

June 20, 2022 | Marilyn Odendahl

A former Forest River employee will get a second chance to make his claim that the recreational vehicle maker constructively discharged him by refusing to address age-based harassment after a split 7th Circuit Court of Appeals revived the case and sent it back to the Northern Indiana District Court. However, one judge dissented, asserting, “there was not enough ‘constructive’ in the plaintiff’s constructive discharge claim.”

COA awards additional attorney fees to tenants who countersued landlord

June 20, 2022 | Jordan Morey

House renters who argued their landlord who sued them should be held responsible for all attorney fees have secured a reversal from the Court of Appeals of Indiana and will walk away with nearly $4,000 more in fees.

COA reverses felony escape charge, finds woman didn’t have home detention order

June 20, 2022 | Jordan Morey

A Clark County woman who let her ankle monitor die was wrongfully charged with Level 6 felony escape, as she never had a home detention order to begin with, the Court of Appeals of Indiana has concluded.

Parental rights termination affirmed by COA following mother’s continued drug use

June 20, 2022 | Katie Stancombe

The termination of a Vanderburgh County mother’s parental rights to her minor child was based on sufficient evidence and did not violate her rights to due process, the Court of Appeals of Indiana has ruled.

COA: GAL wrongly appointed in grandparent visitation dispute

June 20, 2022 | Katie Stancombe

A guardian ad litem should not have been appointed in a visitation dispute between a mother and her child’s grandfather after he was denied more than a year’s worth of visitations, the Court of Appeals of Indiana has ruled, remanding to determine if a modification of the parties’ agreement is in the child’s best interests.

 

Deadline for Corporate Counsel Guide submissions extended for final time to Friday

June 20, 2022 | IL Staff

The deadline to submit company information for the 2022 Indiana Lawyer Corporate Counsel Guide has been extended for a final time to this Friday.

Indiana to get $2.9M in settlement over `free’ TurboTax ads

June 20, 2022 | Associated Press

Indiana will get $2.9 million from a nationwide settlement with a software company that misled users who filed their taxes through TurboTax.

Central Indiana man pleads guilty to Capitol riot charges

June 20, 2022 | Associated Press

A central Indiana man pleaded guilty Friday to carrying a loaded gun on the Capitol grounds and assaulting police during the Jan. 6, 2021, riot at the U.S. Capitol, federal prosecutors said.

Lilly faces lawsuit over alleged excessive retirement-plan fees

June 20, 2022 | John Russell, Indianapolis Business Journal and Indianapolis Business Journal Staff

Eli Lilly and Co. is one of hundreds of U.S. companies being sued in the recent trend in litigation: excessive fees on 401(k) retirement plans.

Challenger defeats Holcomb appointee to secure GOP nomination for secretary of state

June 20, 2022 | Susan Orr, Indianapolis Business Journal and Indianapolis Business Journal Staff

Challenger Diego Morales’ campaign to defeat Gov. Eric Holcomb’s appointee for Indiana secretary of state succeeded on Saturday, when Indiana Republican Party delegates nominated Morales to be their  candidate in November’s general election.

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In This Issue

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

  • Immigration attorneys worry how ICE detainees will be treated at two slated Indiana sites

  • Birth certificate changes for seven transgender Hoosiers are in limbo

Most Read
  • Former credit union manager indicted on fraud charges

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

  • Delphi killer Richard Allen transferred to Oklahoma facility 

  • What if ICE comes calling? Attorneys inundated with questions

  • Indianapolis liquor stores lose permits after accusations of forged documents

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