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Wreath from the White House part of President Harrison’s birthday celebration
To commemorate President Benjamin Harrison’s 189th birthday, a wreath sent from the White House will be laid at his gravesite in Crown Hill Cemetery in a special ceremony Friday morning, which will be followed by a celebration at his home Saturday with free tours and, of course, cake.
Missed opportunity waives arguments for appeal against $110K restitution order
A convicted sex offender’s perceived legal strategy for avoiding a six-figure restitution judgment backfired when the 7th Circuit Court of Appeals determined he had waived the issue because he did not raise his arguments at sentencing.
COA: Moot involuntary commitment order was appropriate
A woman who was permitted to challenge her involuntary commitment order by the Indiana Supreme Court did not sway the Court of Appeals of Indiana on remand from its original decision after it concluded again that her temporary commitment was appropriate.
Water provider not subject to state billing, disconnection provisions, COA rules
A dispute brought by a southern Indiana residential community about whether its water provider’s bill payment and customer disconnect rules violated state law has been stopped up by the Court of Appeals of Indiana, which affirmed that the provider isn’t subject to the state provisions.
7th Circuit: Prisoner failed to exhaust administrative remedies before filing 8th Amendment suit
An Indiana inmate who alleged a doctor and nurse were deliberately indifferent to his medical needs has failed to convince the 7th Circuit Court of Appeals that his appeal is not precluded by his failure to exhaust administrative remedies.
Opinions Aug. 18, 2022
Court of Appeals of Indiana
Amberly Pointe Manufactured Home Community v. Stucker Fork Conservancy District
21A-EX-2805
Agency action. Affirms the Indiana Utility Regulatory Commission’s dismissal of Amberly Pointe Manufactured Home Community’s complaint for lack of subject matter jurisdiction, finding that Stucker Fork Conservancy District is not subject to Indiana Code § 8-1.5-3-8(l) or 170 Indiana Administrative Code (IAC) 6-1-16. Finds the commission did not err.
Holcomb defends abortion ban signing, rebuffs talent-attraction fears
Indiana Gov. Eric Holcomb on Wednesday defended his signing of a near-total abortion ban this month and brushed off fears of business and talent attraction consequences in the wake of statements from major homegrown employers.
Prosecutors seek death penalty in Indiana officer’s slaying
Prosecutors are seeking the death penalty for a man accused of fatally shooting a young Indiana police officer last month during an early morning traffic stop, officials announced Wednesday.
Ex-AG Hill brushes off groping case in House bid
Former Indiana Attorney General Curtis Hill is dismissing as “old news” the question of whether allegations that he drunkenly groped four women during a 2018 party could hurt his chances of replacing Republican U.S. Rep. Jackie Walorski following her death in a highway crash.
Indiana man gets 27-year jail sentence in Detroit dating app murder
An Indiana man who prosecutors said used a dating app to target members of the LGBTQ community has been sentenced to at least 27 years in jail for the killing of a Michigan man.
Threats to judge spur democracy concerns
Hundreds of federal judges face the same task every day: review an affidavit submitted by federal agents and approve requests for a search warrant. But for U.S. Magistrate Judge Bruce Reinhart, the fallout from his decision to approve a search warrant has been far from routine.
7th Circuit affirms insurance co. must pay USA Gymnastics ‘reasonable and necessary’ fees incurred from Nassar-related claims
An insurance company that balked at representing USA Gymnastics against lawsuits stemming from Larry Nassar’s sexual abuse of hundreds of female athletes has failed in its challenge to an order that it pay significant fees to the Indianapolis-based athletic organization.
7th Circuit upholds denial of COVID insurance coverage to downtown Indy’s Conrad Hotel
Continuing a national trend, an Indianapolis hotel that suffered significant blows as a result of the COVID-19 pandemic did not prevail before the 7th Circuit Court of Appeals in its attempts to secure insurance coverage for its pandemic-related losses.
Opinions Aug. 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
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
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
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
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.