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7th Circuit reverses 16-year drug sentence, finds district court relied on unsubstantiated allegations

February 23, 2022 | Marilyn Odendahl

Finding federal prosecutors failed to present any evidence to support the allegation that Edward Gibbs confessed to conspiring to distribute 4.5 kilograms of crystal meth, the 7th Circuit Court of Appeals overturned his 16-plus-year sentence and remanded for resentencing at a lower offense level.

Opinions Feb. 23, 2022

February 23, 2022

7th Circuit Court of Appeals
In Re: Donald Wayne Harshaw, Elizabeth Anne Harshaw v. Donald Wayne Harshaw
21-1423
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Judge Holly A. Brady.
Civil. Affirms the district court’s ruling allowing Donald Harshaw to discharge an arbitrator’s award in a bankruptcy action. Finds the award was for a money judgment and thus subject to discharge.

COA allows state to prosecute man after federal acquittal on related charge

February 23, 2022 | Jordan Morey

A trial court erred when it dismissed state charges against a man who was acquitted in federal court on a charge stemming from the same incident, the Court of Appeals of Indiana has ruled.

Indiana Senate endorses bill allowing Level 6 offenders to go to DOC

February 23, 2022 | Olivia Covington

A bill allowing Level 6 felony offenders to serve their sentences in the Indiana Department of Correction for addiction and mental health treatment has passed the full Indiana Senate, setting the bill up for final consideration.

Indiana transgender athlete ban headed for final Senate vote

February 23, 2022 | Associated Press

The Indiana Senate on Tuesday refused to amend a Republican-backed bill that would ban transgender women and girls from participating in school sports that match their gender identity, putting it on the fast track to passing.

Indiana Senate panel backs bill without big tax-cut proposal

February 23, 2022 | Associated Press

An Indiana Senate committee endorsed a tax proposal on Tuesday without the business and individual tax cut package potentially totaling more than $1 billion that the House approved last month.

Indiana hospitals less stressed as COVID-19 surge passes

February 23, 2022 | Associated Press

Officials at Indiana’s largest hospital system said Tuesday that its hospitals have weathered the worst of the latest COVID-19 surge, although they are still treating hundreds of patients with the illness.

Biden interviews trio of candidates for Supreme Court

February 23, 2022 | Associated Press

President Joe Biden has interviewed at least three candidates for the Supreme Court, according to a person familiar with the matter, and the White House is reiterating that he remains on track to make a final selection by Monday.

IN justices grant transfer to 1 case, split on 3 others

February 22, 2022 | Marilyn Odendahl

The Indiana Supreme Court has turned down a request by an Allen County man to determine whether he actually waived his right to appeal when he entered into a plea agreement, but two members of the court voted to hear the case.

Office of Court Technology launches dashboard for attorneys on MyCase

February 22, 2022 | IL Staff

A new online tool is now available for Indiana attorneys to manage information related to their cases.

COA affirms for estate in dispute with former business associate

February 22, 2022 | Katie Stancombe

A man who found himself in a dispute with his former business partner’s estate failed to convince the Court of Appeals of Indiana to overturn rulings favorable to the estate but not to him.

Opinions Feb. 22, 2022

February 22, 2022

Court of Appeals of Indiana
David L. Arnett, Individually, and d/b/a Auto Annex, Inc. v. The Estate of Joel S. Beavins, By Its Personal Representative, Jill E. Beavins, and Stewart Properties, LLC
21A-EU-1484
Estate, unsupervised. Affirms the order in favor of the Estate of Joel S. Beavins, by its personal representative Jill E. Beavins, and Stewart Properties LLC granting in part motions to strike evidence submitted by David L. Arnett, individually and d/b/a Auto Annex Inc., and the order granting partial summary judgment in favor of the estate on the issue of whether Arnett is a member of Stewart Properties. Finds the Johnson Superior Court did not abuse its discretion in striking portions of Arnett’s designated evidence, including his affidavit and Charles Ryder’s affidavit and supplemental affidavit. Also finds the trial court did not err in granting partial summary judgment in favor of the estate regarding the ownership of Stewart Properties.

Judge convicts man of murder in Southport police officer’s death

February 22, 2022 | IL Staff and Associated Press

Nearly five years after the shooting death of Southport Police Lt. Aaron Allan, defendant Jason Brown has been convicted of Allan’s murder.

After failed amendments, IN Senate set to vote on bill allowing Level 6 offenders in DOC

February 22, 2022 | Olivia Covington

Efforts to amend a bill that would undo a key tenet of criminal justice reform legislation has failed in the Indiana Senate, setting the bill up for a final vote in the upper chamber.

High court takes case involving refusal to serve gay couples

February 22, 2022 | Associated Press

The Supreme Court has agreed to hear a new clash involving religion and the rights of LGBT people.

Supreme Court won’t take Dakota Access Pipeline case

February 22, 2022 | Associated Press

The U.S. Supreme Court on Tuesday refused to consider an appeal of a lawsuit over the Dakota Access Pipeline.

All 3 defendants convicted of hate crimes in Arbery killing

February 22, 2022 | Associated Press

The three men convicted of murder in Ahmaud Arbery’s fatal shooting were found guilty of federal hate crimes and other lesser charges Tuesday for violating Arbery’s civil rights and targeting him because he was Black.

Police: Indiana mom abandons 5-year-old autistic son in Ohio

February 22, 2022 | Associated Press

An Indiana mother who authorities say drove to Ohio and abandoned her 5-year-old autistic son on a street was captured in Kentucky when police there arrested her on an unrelated warrant.

Archdiocese seeks Indiana Supreme Court ruling on case from Catholic teacher fired for same-sex marriage

February 21, 2022 | Marilyn Odendahl

The Roman Catholic Archdiocese of Indianapolis has asked the Indiana Supreme Court to end the case brought by a gay teacher fired from Cathedral High School, asserting the judiciary could be irreparably harmed by an “intrusion into religious affairs.”

Revocation of hospital privileges affirmed against Fort Wayne cardiologist

February 21, 2022 | Katie Stancombe

A Fort Wayne doctor who lost privileges at an area hospital failed to convince the Court of Appeals of Indiana that his privileges should be reinstated.

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In This Issue

  • New bail legislation aims to weigh due process and public safety

  • Efforts to boost judicial safety gain steam after shooting

  • Appeals court to hear arguments over accidental release of depositional evidence to jury

Most Read
  • Firing squad, gas execution methods move out of Indiana House committee

  • Kokomo couple get a combined 50 years in prison for dealing deadly drugs

  • Tippecanoe County judge, wife in stable condition after being shot at their home

  • Nominations being accepted for the 2024 Henry Hurst Judicial Assistance Award

  • Shooting of Tippecanoe County judge was gang-related hit, authorities say

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