Supreme Court revives fight over painting stolen by Nazis
The Supreme Court on Thursday kept alive a California man’s hope of reclaiming a valuable impressionist masterpiece taken from his family by the Nazis and now on display in a Spanish museum.
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Justice Dept. to appeal order voiding travel mask mandate
The Justice Department is filing an appeal seeking to overturn a judge’s order that voided the federal mask mandate on planes and trains and in travel hubs, officials said.
Opinions April 21, 2022
Court of Appeals of Indiana
Jesse L. Mathews v. State of Indiana
20A-CR-2229
Criminal. Affirms the Clay Circuit Court’s decision to use the state’s jury instruction on the issue of motive in a partial decapitation case in which Jesse Mathews was convicted of felony murder and Level 6 felony abuse of a corpse. Finds that either the trial court or the state’s instruction would have produced the same verdict. Also finds the trial court did not abuse its discretion is excluding evidence of a witness’s purported call to a police officer. Finally, finds a mistrial was not warranted in response to an individuals’ spontaneous testimony regarding a possible polygraph test, and the cumulative effect of the trial court’s decisions does not require reversal of Mathews’ conviction.
Appellate court affirms use of state’s jury instruction on motive in partial decapitation case
A pattern jury instruction on motive used in a murder case adequately equipped the jury to perform its role in convicting a man who tried to decapitate a woman he killed, the Court of Appeals of Indiana has ruled.
Change to habitual offender statute does not violate state constitution, COA rules
A defendant challenging his habitual offender status based on a change to state statute did not persuade the Court of Appeals of Indiana, which found the Legislature’s move to limit the jury’s role did not infringe on any constitutional rights.
COA reverses man’s resisting conviction due to lack of evidence
The Court of Appeals of Indiana has partially reversed for a Greencastle man after it concluded testimony from a sheriff’s deputy wasn’t enough evidence for a resisting law enforcement conviction.
13 Nassar victims seeking $130M from FBI over bungled probe
Thirteen sexual assault victims of Larry Nassar are seeking $10 million each from the FBI, claiming a bungled investigation by agents led to more abuse by the sports doctor, lawyers said Thursday.
Crawford Co. judge involved in 2019 shooting ends reelection bid following ‘incident,’ steps down from bench
| IL Staff
A southern Indiana judge who was involved in an early-morning brawl that led to a shooting in downtown Indianapolis in 2019 is ending her 2022 reelection campaign following another undisclosed “incident” and has stepped down from the bench.
GOP lawmakers vote remotely more often after initial scorn
More than 50 Republicans who once joined a lawsuit claiming the House’s pandemic-era proxy voting was unconstitutional have themselves voted by proxy this year, remotely without showing up.
SCOTUS hears case over deputy who didn’t read Miranda rights
Everyone knows police aren’t supposed to question suspects without reading them their Miranda rights. But what happens when law enforcement officers don’t first read suspects their rights? The Supreme Court on Wednesday wrestled with whether a sheriff’s deputy can be sued for money damages for violating the rights of a hospital employee who was accused of sexually assaulting a patient.
Indiana Democrats push for marijuana legalization in statewide tour
Marijuana legalization is coming to the forefront of the Indiana Democratic Party’s 2022 platform.
Gary woman admits helping hide gun used in 2 murders
A Gary woman has admitted to helping hide a gun her boyfriend used to kill two teenagers at a Gary-area home, court records show.
Opinions April 20, 2022
Court of Appeals of Indiana
Cliff Decker and Wendy Decker, individually and on behalf of all others similarly situated v. Star Financial Group, Inc.
21A-PL-2191
Civil plenary. Reverses and remands the Allen Superior Court’s grant of a motion to compel arbitration filed by Star Financial Group, Inc. against Cliff and Wendy Decker. Finds that the Deckers did not receive reasonable notice of the arbitration provision. As such, finds the trial court erred by granting Star Financial’s motion to compel arbitration. Judge Terry Crone dissents with a separate opinion, opining that the Deckers’ failure to seasonably read the change notice does not relieve them from their contractual obligations.
Federal judiciary’s workplace conduct committee issues additional recommendations for improvement
| IL Staff
A working group created at the height of the #MeToo movement to address workplace conduct within the federal judiciary has released additional recommendations for improvement in a new report.
Reversal: COA splits on bank’s failure to give reasonable notice of new arbitration clause
A divided Court of Appeals of Indiana has reversed for a couple it found was not given reasonable notice by their bank of a new arbitration provision included in the terms and conditions attached to the end of their monthly electronic bank statement.
With dreams of being a lawyer, Wabash student earns Truman Scholarship
| IL Staff
Wabash College junior Cooper Smith, who has interned with legal organizations and has plans to become an attorney, has earned a Harry S. Truman Scholarship, one of just 58 undergraduates across the country selected for the national fellowship award.
Feds will appeal mask ruling only if mandate still needed
The Justice Department said Tuesday it will not appeal a federal district judge’s ruling that ended the nation’s federal mask mandate on public transit unless the Centers for Disease Control and Prevention believes the requirement is still necessary.
Domestic violence calls to IMPD surged 65% early in pandemic, report says
Domestic violence in central Indiana grew more prevalent and severe in the first year of the pandemic, according to the 2020 State of Domestic Violence Service Report released Tuesday.
Police: Body of boy found in Indiana was inside suitcase
The body of a young boy found over the weekend in southern Indiana was contained inside a hard suitcase, state police said Tuesday.
Youths blamed for $17,000 in damage at Indiana Statehouse
Four youngsters caused at least $17,000 in vandalism damage when they broke into the Indiana Statehouse last month, state police said Tuesday.