Appeals court: Congress can see some Trump financial records
A federal appeals court on Friday narrowed the range of documents House Democrats are entitled to in their yearslong investigation of Donald Trump’s finances.
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7th Circuit allows ‘innocent property owners’ to have their day in federal court
A woman claiming interest in property subject to forfeiture due to her husband’s fraud conviction will get the chance to make her case after the 7th Circuit Court of Appeals reversed and remanded the denial of her petition to adjudicate property interest. But at least one piece of the property at issue can be sold, the appellate court affirmed.
Justices grant transfer to 1, deny 28 other cases
| IL Staff
Indiana Supreme Court justices granted transfer to only one case among 28 others, agreeing to hear a dispute involving a traveling actor’s attempts to receive CARES Act benefits in Indiana.
Former New Castle police officer indicted on federal charges for assaulting individuals in custody
| IL Staff
A former New Castle Police Department officer has been indicted on federal charges for using excessive force against three individuals while they were being detained by law enforcement.
Opinions July 8, 2022
7th Circuit Court of Appeals
United States of America v. Joseph Furando, Appeal of: Christine M. Furando, et al.
20-1526
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Senior Judge Sarah Evans Barker.
Criminal. Vacates the district court’s denial of the third-party claimants’ section 21 U.S.C. § 853(n) petition but affirms the grant of the government’s motion for interlocutory sale of real property. Remands for further proceedings.
Applications open for upcoming COA vacancy left by Molter
| IL Staff
The Indiana Judicial Nominating Commission is accepting applications for an upcoming vacancy on the Court of Appeals of Indiana following the appointment of Judge Derek R. Molter to the Indiana Supreme Court.
COA reverses drug charges because person of ‘ordinary intelligence’ wouldn’t know about crime
The Court of Appeals of Indiana has tossed drug charges against three individuals because the emergency rule that made the synthetic cannabinoid a Schedule I narcotic failed to provide adequate information so that person of “ordinary intelligence” would know he or she was engaging in illegal behavior.
Judge lifts order against Indiana abortion procedure ban
A federal judge is allowing an Indiana law largely banning a second-trimester abortion procedure to take effect following the U.S. Supreme Court’s decision to end the constitutional protection for abortion.
How much additional compensation will lawmakers receive during special session?
A multiweek special legislative session to consider tax refunds and new abortion restrictions is expected to cost Indiana taxpayers at least $280,000 in additional compensation to the state’s 150 lawmakers.
Indiana’s abortion laws may tighten before Legislature acts
Indiana’s abortion laws will likely be tightened even before the Legislature is expected to start debating additional abortion restrictions later this month.
Families of dead sue Indiana funeral home being investigated
Two families are suing a southern Indiana funeral home where police found more than 30 bodies, including some that were badly decomposed.
Supreme Court Justice Breyer has options as retiree
Until last week when he swore in Justice Ketanji Brown Jackson, his successor on the U.S. Supreme Court, Justice Stephen Breyer had a rigorous, intellectually challenging job with the highest of stakes. Now the 83-year-old retiree has no briefs to read and no opinions to write.
Chauvin gets 21 years for violating Floyd’s civil rights
A federal judge on Thursday sentenced Derek Chauvin to 21 years in prison for violating George Floyd’s civil rights, telling the former Minneapolis police officer that what he did was “simply wrong” and “offensive.”
Former Theranos exec Ramesh Balwani convicted of fraud
A jury on Thursday convicted former Theranos executive Ramesh “Sunny” Balwani of collaborating with disgraced Theranos CEO Elizabeth Holmes in a massive fraud involving the blood-testing company that once enthralled Silicon Valley.
7th Circuit: Bloomington hospital complied with federal law before patient’s death
A widower who sued a Bloomington hospital for failure to operate following his wife’s death did not find relief at the 7th Circuit Court of Appeals, which ruled that the facility had complied with its requirements under the Emergency Medical Treatment and Labor Act.
Opinions July 7, 2022
Court of Appeals of Indiana
701 Niles, LLC v. AEP Indiana Michigan Transmission Company, Inc., et al.
21A-PL-2123
Civil plenary. Reverses the St. Joseph Circuit Court’s denial of 701 Niles’ motion to enjoin. Finds AEP Indiana Michigan Transmission Company may constitutionally proceed with its project to build an underground electric transmission line on part of 701 Niles’ property. Also finds the University of Notre Dame’s attempt to use AEP’s easements for its hydropower project is an unconstitutional taking. Remands with instructions that the trial court enter an order enjoining AEP from installing the university’s line to the duct bank without 701 Niles’ express consent.
Adoption petitions can’t be granted in favor of deceased grandfather, COA affirms
A would-be adoptive grandfather who died before the trial court could rule on his adoption petitions was not entitled to have his petitions granted posthumously, the Court of Appeals of Indiana has ruled.
COA calls a foul after Fighting Irish try to ‘piggyback’ on public project
The Court of Appeals of Indiana has stopped an attempt by the University of Notre Dame to install a private transmission line on land that an electric utility took by eminent domain, finding the private school could not “piggyback” on the acquired easements for its own use and benefit.
7th Circuit rules Indiana worker did not prove pretext in firing
In considering the arguments made by an Indiana woman who claimed her former employer discriminated against her on the basis of her age and disability, the 7th Circuit Court of Appeals found she could not overcome the pretext hurdle because she essentially offered only a hunch without any supporting evidence.
Split COA reverses CHINS determination despite mother’s mental illness
A mother with a history of mental illness and trouble with the law will regain custody of her children after a split panel of the Court of Appeals of Indiana determined there was insufficient evidence to prove her kids were CHINS. But a dissenting judge expressed concern about the children incurring their mother’s “wrath” if left in her care.