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Opinions December 3, 2024

December 3, 2024

7th Circuit Court of Appeals
United States of America v.  Devontae Martin
23-3086
Criminal. Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Judge Phillip Simon. Affirms Devontae Martin’s life sentence for his role in a July 2017 federal drug offense in which a fellow drug dealer shot and killed a local car wash owner believed to possess a substantial stash of cocaine. Finds the district court did not construe the sentencing guidelines generally or specifically as limiting its discretion to sentence Martin to something less than life imprisonment. Also finds that the district court did not sentence Martin based on inaccurate information. Attorneys for the U.S. Attorney’s Office in Hammond: Philip Benson, Joseph Cooley, Thomas Mahoney, Joel Mathur, Thomas McGrath, David Nozick, Caitlin Padula, Kimberly Schultz. Attorneys for the defendant: Mark Psimos, Thomas Patton, Matthew Fech.

Lake Superior Court judge charged with alleged misconduct by judicial commission

December 3, 2024 | Alexa Shrake

The Indiana Commission on Judicial Qualifications charged Lake Superior Court Judge Calvin Hawkins Monday with three counts of misconduct.

calvin-hawkins01-mobile.jpg

Refusing to sign clemency petition, Indiana Supreme Court weighs death row inmate’s final plea

December 3, 2024 | Indiana Capital Chronicle

About two weeks away from scheduled execution, Indiana death row inmate Joseph Corcoran’s last-ditch attempts to quash his capital punishment sentence are still up in the air.

Prosecutor says officers acted ‘recklessly’ in Black man’s death during mental health crisis

December 3, 2024 | Associated Press

Two Indianapolis police officers charged in the death of a Black man—who was shocked with a Taser during a mental health crisis—acted “recklessly” by restraining him face down longer than necessary, a prosecutor said during opening statements Monday.

Trump’s FBI pick has plans to reshape the bureau. This is what Kash Patel has said he wants to do

December 3, 2024 | Associated Press

Kash Patel has been well-known for years within Donald Trump’s orbit as a loyal supporter who shares the president-elect’s skepticism of the FBI and intelligence community. But he’s receiving fresh attention, from the public and from Congress, now that Trump has picked him to lead the FBI.

Florida-based company ordered to cease business in Indiana following AG lawsuit

December 2, 2024 | IL Staff

A Florida-based realty company cannot advertise or offer services in Indiana for at least five years as part of a consent judgment that satisfies a lawsuit from the office of Indiana Attorney General Todd Rokita.

Opinions December 2, 2024

December 2, 2024

Indiana Court of Appeals
Christopher Delgado v. State of Indiana
24A-CR-708
Criminal. Affirms Porter Superior Court Judge Mary DeBoer’s allowance of the state to play the post-arrest video for the jury in Christopher Delgado’s case. Finds the trial court did not abuse its discretion in allowing the video to be shown. Reverses Delgado’s conviction for resisting law enforcement as a Class A misdemeanor. Finds the conviction violates Indiana’s protection against double jeopardy. Remands to the trial court with instructions to vacate this conviction. Reverses Delgado’s conviction for false informing as a Class A misdemeanor. Finds the state did not present sufficient evidence to support Delgado’s conviction for false informing. Remands with instructions for the trial court to vacate that conviction and enter judgment of conviction and sentence Delgado on one count of false informing as a Class B misdemeanor. Finally, finds the bad reputation & influence condition is unconstitutionally vague, and the inmate and driver’s license conditions are not reasonably related to the goals of probation. Reverses and remands with instructions for the trial court to clarify all three of these conditions with greater specificity. Attorney for appellant: James Harper. Attorneys for appellee: Attorney General Todd Rokita, Deputy Attorney General Megan Smith.

Randy Head steps down as GOP chair, returns to work at Kreig DeVault

December 2, 2024 | IL Staff

Indiana Republican Party Chairman Randy Head has resigned from his role with the party, effective immediately, the party announced Monday.

 

Magistrate appointed to serve as Allen County Judge

December 2, 2024 | Alexa Shrake

Gov. Eric Holcomb appointed Allen County Magistrate Jason Custer to serve as judge of the Allen Superior Court Civil Division Tuesday.

Supreme Court will hear arguments on flavored vape regulations imposed after youth vaping spike

December 2, 2024 | Associated Press

The high court is taking up an appeal from the Food and Drug Administration, which has denied more than a million applications to sell candy- or fruit-flavored products that appeal to kids.

 

First transgender attorney to argue before the Supreme Court, challenging health care ban for minors

December 2, 2024 | Associated Press

Chase Strangio will be the first openly transgender attorney to argue before the nation’s highest court, representing families who say Tennessee’s ban on health care for transgender minors leaves their children terrified about the future.

President Biden pardons his son Hunter despite previous pledges not to

December 1, 2024 | Associated Press

The move comes weeks before Hunter Biden was set to receive his punishment after his trial conviction in a gun case and guilty plea on tax charges, and less than two months before President-elect Donald Trump is set to return to the White House.

Court orders money seized at Indianapolis FedEx site returned to family jewelry business

November 27, 2024 | Alexa Shrake

The Marion Superior Court has ordered the Marion County Prosecutor’s Office to return money it seized earlier this year at the Indianapolis FedEx Hub to a California-based family jewelry business.

Report finds that Hoosier electricity, energy costs continue to grow

November 27, 2024 | Indiana Capital Chronicle

In one year’s time, the state’s biggest utility companies disconnected 174,015 Hoosier households, turning off the lights and heat at a time when energy costs are growing faster than Hoosier paychecks.

Coalition-backed survey finds ‘overwhelming’ number of Hoosiers support cannabis regulations

November 27, 2024 | Indiana Capital Chronicle

A coalition pushing for “safe and regulated” cannabis reform published survey findings from a conservative-linked pollster in which an “overwhelming” number of Hoosiers supported legalization.

Walmart’s DEI rollback signals a profound shift in the wake of Trump’s election victory

November 27, 2024 | Associated Press

Walmart’s sweeping rollback of its diversity policies is the strongest indication yet of a profound shift taking hold at U.S. companies that are re-evaluating the legal and political risks associated with bold programs to bolster historically underrepresented groups.

 

Trump vows tariffs over immigration. What the numbers say about border crossings, drugs and crime

November 27, 2024 | Associated Press

In a Monday evening announcement, President-elect Donald Trump railed against Mexico and Canada, accusing them of allowing thousands of people to enter the U.S.

Rudy Giuliani draws rebuke for a courtroom outburst accusing judge in assets case of being unfair

November 27, 2024 | Associated Press

In an angry outburst in a New York courtroom, Rudy Giuliani accused a judge Tuesday of making wrong assumptions about him as he tries to comply with an order requiring him to turn over most of his assets to two election poll workers who won a libel case against him.

Small business owners breathe easier over labor costs after decision to strike down overtime rule

November 27, 2024 | Associated Press

Small business owners have had a mostly positive reaction to a judge’s decision to strike down an overtime rule that would have qualified more workers for overtime pay.

State supreme court to hear oral arguments in public records dispute

November 26, 2024 | IL Staff

The Indiana Supreme Court will hear oral arguments in December for a case involving an Indianapolis attorney’s public records request that had been denied by the Indiana Family & Social Services Administration.

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In This Issue

  • Tom Froehle named Leadership in Law Lifetime Achievement Award winner

  • Notre Dame exoneration clinic frees its third client

  • County courts prepare for changes wrought by Legislature

Most Read
  • Split Indiana Supreme Court reverses lower court ruling in case of IU student injured by falling window

  • Fishers attorney’s law license suspended for OWI conviction

  • Q&A with Rodric Bray: Indiana Senate’s top leader talks legal experience, decriminalizing marijuana

  • Indiana Senate OKs bill to abolish 11 courts mostly in rural counties

  • Westfield attorney indefinitely suspended for noncooperation 

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