COA: Statement of dead man properly admitted as evidence
A northern Indiana man’s constitutional rights weren’t violated when a trial court admitted a statement from a dead witness into evidence, the Court of Appeals of Indiana has ruled.
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Opinions May 24, 2022
The following 7th Circuit Court of Appeals opinion was posted after IL deadline on Monday:
Lamone Lauderdale-El v. Indiana Parole Board
21-1242
Appeal from the United States District Court for the Southern District of Indiana, Terre Haute Division. Judge James Patrick Hanlon.
Civil. Affirms the dismissal without prejudice of Lamone Lauderdale-El’s habeas corpus petition for failure to exhaust state remedies. Finds the dismissal was a final, appealable judgment. Overrules the contrary jurisdictional holdings of Gacho v. Butler, 792 F.3d 732 (7th Cir. 2015), and Moore v. Mote, 368 F.3d 754 (7th Cir. 2004). Also finds the appeal is not moot. Finally, finds Lauderdale-El could have pursued his good-time credit restoration claim in state court.
2 ‘secret children’ of ex-Indy fertility doctor sue Netflix for allegedly revealing their identities without permission
Two Marion County women who discovered they were among the nearly 100 “secret children” of a former Indiana fertility doctor that inspired the popular Netflix documentary “Our Father” are suing the film’s producers, claiming their identities were revealed without their consent.
Indiana pastor admits ‘adultery’; woman says she was a teen
A church pastor told his Indiana congregation that he had committed “adultery” about 20 years ago, a disclosure that was followed moments later by a woman who stepped forward and said she was victimized by him when she was 16 years old.
SCOTUS rules against inmates in right-to-counsel case
The U.S. Supreme Court ruled along ideological lines Monday against two Arizona death row inmates who had argued that their lawyers did a poor job representing them in state court. The ruling will make it harder for certain inmates sentenced to death or long terms in prison who believe their lawyers failed them to bring challenges on those grounds.
If Roe falls, some fear repercussions for reproductive care
If the Supreme Court follows through on overturning Roe v. Wade, abortion likely will be banned or greatly restricted in about half the U.S. states. But experts and advocates fear repercussions could reach even further, affecting care for women who miscarry, couples seeking fertility treatments and access to some forms of contraception.
Search for Supreme Court leaker falls to former Army colonel
When Gail Curley began her job as Marshal of the U.S. Supreme Court less than a year ago, she would have expected to work mostly behind the scenes: overseeing the court’s police force and the operations of the marble-columned building where the justices work.
Opinions May 23, 2022
Court of Appeals of Indiana
Tyler A. Smith v. State of Indiana
21A-CR-2799
Criminal. Affirms the denial of Tyler Smith’s motion to dismiss pursuant to Indiana Criminal Rule 4(B). Finds the Fulton Superior Court did not violate the rule which requires a jury trial be held within 70 days of a speedy trial motion being filed. Holds Fulton County was still reporting a high COVID-19 infection rate and the courthouse did not have adequate facilities to safely conduct a jury trial. Rules the 35-year sentence for attempted murder is not inappropriate. Notes Smith’s criminal history is a “testament to a disturbing evolution” form minor misdemeanors to carrying a handgun with a license to crime of violence which culminating in shooting a rifle and hitting the victim several times.
Longtime Indianapolis real estate lawyer dies
| IL Staff
Thomas Michael Quinn, a real estate attorney credited with shaping commercial development in Indianapolis, died May 14. He was 85.
Former chairman of Pike Lumber, Huntington attorney dies
| IL Staff
Huntington attorney Joseph Northrop, former chairman of Pike Lumber Co., Inc., has died.
Trial Rule 60(B) does not sway COA to overturn default judgment
A certified public accountant who abruptly booted a tenant from his property then failed to appear at the subsequent court proceedings discovered the limits of trying to get relief under Indiana Trial Rule 60(B) when the Court of Appeals of Indiana found the CPA miscalculated his ability to get a do-over.
COA partially rules for town in property, ITCA dispute
An Indiana town will receive partial judgment from the Court of Appeals of Indiana on fraud and constructive fraud claims brought against it by a property owner who claimed the town backed out on its promise to purchase land.
COA rules COVID dangers allowed for continuance in criminal trial
The Court of Appeals of Indiana found the Fulton Superior Court’s failure to hold a timely jury trial after the defendant filed a motion for a speedy trial was not grounds to overturn the conviction because the COVID-19 pandemic created an emergency that allowed for the delay.
COA reverses for farm in neighbors’ shared drainage line dispute
The Court of Appeals of Indiana has reversed in a dispute between neighbors over the use of a drainage line in Montgomery County, finding the farmland owner’s suit wasn’t subject to a six-year statute of limitations.
Ginni Thomas’ emails deepen her involvement in 2020 election
Virginia “Ginni” Thomas, wife of Supreme Court Justice Clarence Thomas and a conservative political activist, urged Republican lawmakers in Arizona after the 2020 presidential election to choose their own slate of electors, arguing that results giving Joe Biden a victory in the state were marred by fraud.
Russian sentenced to life in Ukraine’s 1st war crimes trial
A Russian soldier who pleaded guilty to killing a Ukrainian civilian was sentenced to life in prison on Monday in the first war crimes trial since Moscow invaded three months ago, unleashing a brutal conflict that has led to accusations of atrocities, left thousands dead, driven millions from their homes and flattened whole swaths of cities.
Federal judge issues order against research dog-breeding facility
A federal judge has issued an emergency order imposing a series of restrictions on a dog-breeding facility in Virginia owned by an Indianapolis-based company after regulators said the site was responsible for the deaths of hundreds of beagle puppies.
Carmel man handed federal prison sentence for securities fraud
A Carmel man has been sentenced to seven years in federal prison for taking part in a Ponzi-like scheme that robbed numerous investors of their retirement savings, the U.S. Department of Justice announced Friday.
Former chief deputy urges court to allow complaint against state treasurer to continue
The whistleblower alleging Indiana Treasurer Kelly Mitchell used illegal contracting to steer millions of dollars to campaign donors is urging the trial court to let the lawsuit continue, asserting that granting the motion to dismiss would “reward (Mitchell) and all Defendants for their failure to follow the law.”
COA: Bloomington Plan Commission member validly selected despite political party concerns
A feud over who should fill an open seat on the city of Bloomington’s Plan Commission has been resolved after the Court of Appeals of Indiana reversed Friday, finding the mayor’s nominee was validly appointed.