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Maley: Proceeding under a pseudonym
The local federal courts regularly address procedural issues that recur from time to time. Most such decisions get little attention beyond the parties but are often informative for many federal practitioners. Whether and how to proceed under a pseudonym is one such example. Two informative opinions from the Southern District of Indiana provide excellent roadmaps.
Web exclusive: SCOTUS decision ‘shuts door’ on ineffective counsel claims brought in federal court
In the winter of 2021, two death row prisoners raised claims in habeas corpus proceedings that their trial attorneys were constitutionally ineffective. But the nation’s highest court split in a decision last month ruling that they could not introduce evidence outside of the state court record due to restrictions imposed by a federal law.
Indianapolis man sentenced for shooting during George Floyd protests
Tyrone Anthony Ross, 30, was sentenced to five years in federal prison and three years supervised release on Monday for firing a gun during a protest in downtown Indianapolis following the murder of George Floyd.
Deadline extended for 2022 Indiana Lawyer Corporate Counsel Guide submissions
| IL Staff
There’s still time to secure your spot in the 2022 Indiana Lawyer Corporate Counsel Guide. Submissions to the 2022 guide will now be accepted online through June 17.
Opinions June 7, 2022
Court of Appeals of Indiana
Jermaine D. Marshall v. State of Indiana (mem. dec.)
21A-CR-1557
Criminal. Affirms Jermaine Marshall’s aggregate three-year sentence with one year suspended to probation for conviction of Level 5 felony attempted robbery and his admittance to being a habitual offender. Concludes that Marshall’s waiver of a jury trial was knowing, voluntary, and intelligent.
Muncie man charged with intimidation for threatening to shoot Delaware County judges
| IL Staff
A Muncie man has been charged with five counts of felony intimidation after threatening to “pick off” multiple Delaware County judges with firearms upon his release from jail.
Holcomb to announce new IN Supreme Court justice this week
The newest Indiana Supreme Court justice will be announced sometime this week, the governor’s office has confirmed with Indiana Lawyer.
7th Circuit dismisses prisoner’s appeal over wiretap warrant access for lack of jurisdiction
A federal prisoner’s appeal of a magistrate judge’s denial of his request to access a wiretap warrant from his case was dismissed Monday after the 7th Circuit Court of Appeals found the order was not entered by a district judge and that it ultimately lacked jurisdiction to do anything else with the case.
Amid crypto turmoil, senators propose sweeping oversight
Wide-ranging bipartisan legislation unveiled Tuesday would regulate cryptocurrencies and other digital assets following a series of high-profile busts and failures.
Proud Boys charged with seditious conspiracy in Capitol riot
The former top leader of the far-right Proud Boys extremist group and other members were charged with seditious conspiracy for what federal prosecutors say was a coordinated attack on the U.S. Capitol to stop Congress from certifying President Joe Biden’s 2020 electoral victory.
US sees heightened extremist threat heading into midterms
A looming Supreme Court decision on abortion, an increase of migrants at the U.S.-Mexico border and the midterm elections are potential triggers for extremist violence over the next six months, the Department of Homeland Security said Tuesday.
2nd mistrial declared in Indiana case of slain pastor’s wife
A judge declared a second mistrial Monday for a man charged in the 2015 killing of a pastor’s wife after jurors learned details about the Indianapolis case’s long history in the court system.
Siblings suing Purdue will have to release phone recordings
A brother and sister suing Purdue University over an alleged breach of contract will have to disclose their previously recorded phone conversations with school officials after the Tippecanoe Circuit Court found discovery rules demand the release of the audio.
Opinions June 6, 2022
Court of Appeals of Indiana
Charles C. Hadden v. State of Indiana (mem. dec.)
21A-IF-2846
Infraction. Affirms Charles Hadden’s traffic citation for speeding in a worksite while workers were not present. Finds that Hadden’s traffic citation was enforceable and that Hadden was not prejudiced by a deputy prosecutor’s failure to file an appearance.
IN Supreme Court to hear immigration, breach of contract, eminent domain issues
| IL Staff
Lake County cases involving immigration welcoming ordinances, a dentist’s breach of contract allegations and an eminent domain dispute will all come before the Indiana Supreme Court during oral arguments this week.
Justices grant transfer in disputed energy utility case, deny nine others
| IL Staff
Indiana Supreme Court justices granted transfer to one case last week regarding a dispute that resulted in a reversal for several environmental groups against a southern Indiana electric company.
Indiana man gets 40 years in 1-year-old son’s fatal shooting
A northern Indiana man was sentenced to 40 years in prison on child neglect charges stemming from the shooting death of his 1-year-old son by the boy’s 4-year-old sibling.
3 arrested after Indiana post-graduation shooting wounds 2
Three people were taken into custody following a Sunday shooting that wounded two people shortly after a graduation ceremony in northwestern Indiana, police said.
Source: Whitmer, McConnell, Evers on Wisconsin gunman’s list
A gunman suspected of fatally shooting a retired county judge at a Wisconsin home had a list that included Michigan Gov. Gretchen Whitmer, Senate Minority Leader Mitch McConnell and Wisconsin Gov. Tony Evers, Whitmer’s office and a law enforcement source said Saturday.