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Regional We the People winners heading to state finals

November 5, 2021 | IL Staff

Fishers bested its rival Hamilton Southeastern  to capture a first place in the high school regional round of the Indiana Bar Foundation’s We the People competition held Nov. 2 and Nov. 4.

Opinions Nov. 5, 2021

November 5, 2021

7th Circuit Court of Appeals
USA v. Timothy Kurzynowski
20-3491
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Jane Magnus-Stinson.
Criminal. Affirms the denial of Timothy Kurzynowski’s motion for compassionate release from his 96-month sentence for conviction for distribution of child pornography pursuant to § 603 of the First Step Act of 2018, 18 U.S.C. § 3582(c)(1)(A)(i). Finds the Southern District Court properly exercised its discretion in denying Kurzynowski’s motion. Also finds that under United States v. Broadfield, 5 F.4th 801 (7th Cir. 2021), the fact that Kurzynowski is vaccinated precludes a finding that the COVID-19 pandemic presents extraordinary and compelling reasons for his release.

7th Circuit: Prisoner ineligible for relief due to COVID-19 vaccination

November 5, 2021 | Katie Stancombe

The 7th Circuit Court of Appeals has upheld the denial of relief to a man convicted of child pornography crimes, finding that because he is vaccinated against COVID-19, he is ineligible for relief on remand for extraordinary and compelling reasons.

Finalists for St. Joseph Superior Court vacancy announced

November 5, 2021 | IL Staff

The St. Joseph County Judicial Nominating Commission has announced five nominees to fill the vacancy left by retired Superior Court 7 Judge Steven Hostetler.

Indiana filing three lawsuits over federal vaccine mandate

November 5, 2021 | IL Staff and Associated Press

Indiana Gov. Eric Holcomb on Thursday called for a lawsuit challenging vaccine requirements, directing the Indiana Department of Labor to work with Indiana Attorney General Todd Rokita on a lawsuit against the federal government regarding OSHA’s issued ETS.

Former House Speaker Bosma registers as a lobbyist

November 5, 2021 | Emily Ketterer and Indianapolis Business Journal Staff

Brian Bosma, the former speaker of the Indiana House of Representatives, is now a registered lobbyist in Indiana, but said he isn’t planning to spend much time hanging out in the halls of the Statehouse.

Justice Department conducting cyber crackdown

November 5, 2021 | Associated Press

The Justice Department is stepping up actions to combat ransomware and cybercrime through arrests and other actions as the Biden administration escalates its response to what it regards as an urgent economic and national security threat.

Judge questions Trump lawyers trying to shield Jan. 6 papers

November 5, 2021 | Associated Press

A federal judge expressed skepticism Thursday when attorneys for former President Donald Trump asked her to prevent the handover of documents sought by a House committee investigating the Jan. 6 insurrection.

US hiring rebounded in October, with 531,000 jobs added

November 5, 2021 | Associated Press

America’s employers stepped up their hiring in October, adding a solid 531,000 jobs, the most since July and a sign that the recovery from the pandemic recession is overcoming a virus-induced slowdown.

Indiana man pleads guilty to fatal shooting during car chase

November 5, 2021 | Associated Press

A northern Indiana man has pleaded guilty to fatally shooting a woman and wounding her sister during a car chase that ended with the victims’ car overturning outside a shopping center.

Opinions Nov. 4, 2021

November 4, 2021

Indiana Court of Appeals of Indiana
Alphonso L. James, III v. State of Indiana
21A-CR-148
Criminal. Reverses Alphonso L. James III’s sentence to 63 years for the murder of Jaren Minies when James was 13 years old. Finds a six-decade sentence reserved for the worst adult offenders is not appropriate for a 13-year-old child in light of the nature of his offense and his character. Also finds the Elkhart Circuit Court was justified in rejecting the most lenient approach available when sentencing James, alternative juvenile sentencing. Finally, finds the trial court did not erroneously consider unadjudicated or unadmitted allegations of juvenile offenses as aggravating circumstances, and any error would have been harmless. Remands for the entry of a 55-year sentence.

Southern Indiana attorney reprimanded for representing opposing parties in criminal matter

November 4, 2021 | Marilyn Odendahl

Carla Ginn, a solo practitioner in Scottsburg, has been publicly reprimanded for violating the prohibitions against conflict of interest by simultaneously representing a father, the alleged perpetrator, and his son, the alleged victim.

Indianapolis attorney suspended, ordered to refund client’s retainer

November 4, 2021 | Marilyn Odendahl

Indianapolis attorney Loren Comstock has been suspended from the practice of law for 120 days effective Dec. 14 for failing to provide competent representation and to keep his client reasonably informed about the progress of her federal lawsuit against her former employer and labor union.

COA reduces juvenile’s nearly-max adult murder sentence

November 4, 2021 | Katie Stancombe

A nearly maximum adult sentence for a 13-year-old’s murder conviction was an outlier needing leavening, the Court of Appeals of Indiana ruled in a Thursday reversal.

Former Harrison Superior Court judge certified as senior judge

November 4, 2021 | IL Staff

Judge Roger D. Davis, formerly the judge of the Harrison Superior Court, has been certified as an Indiana senior judge.

Gary man charged in fatal shooting of trick-or-treater

November 4, 2021 | Associated Press

A man was charged with murder Wednesday in the death of a 13-year-old boy who was killed when shots were fired at a group of trick-or-treaters on Halloween in northwestern Indiana.

Woman charged in fatal shooting in Washington Co. wooded area

November 4, 2021 | Associated Press

A 35-year-old woman has been charged with reckless homicide in connection with the fatal shooting of a man in a wooded area in southern Indiana.

6 charged in death of Evansville girl, 3, who ingested fentanyl

November 4, 2021 | Associated Press

A mother, two grandparents and three other people have been charged following the death of a 3-year-old southwestern Indiana girl who ingested fentanyl.

High court seems ready to strike down New York gun law

November 4, 2021 | Associated Press

The Supreme Court on Wednesday seemed ready to strike down a restrictive New York gun permitting law, but the justices also seemed worried about issuing a broad ruling that could threaten gun restrictions on subways, bars, stadiums and other gathering places.

Opinions Nov. 3, 2021

November 3, 2021

Indiana Court of Appeals
Christopher Allen Duncan; Patel’s Palace LLC, d/b/a Indy Surplus Liquidators, Midwest Surplus Liquidators, LLC, Rupal Patel, and Christopher Zorman v. Barton’s Discounts, LLC
21A-PL-211
Civil plenary. Affirms on interlocutory appeal an order from the Marion Superior Court granting Barton’s Discounts LLC’s motion to compel in part documents from Christopher Allen Duncan, Patel’s Palace LLC d/b/a Indy Surplus Liquidators, Midwest Surplus Liquidators LLC, Rupal Patel and Christopher Zorman. Also affirms its order for the appellants to produce all responsive, unredacted documents requested by Barton’s discovery request. Finds no abuse of the trial court’s discretion.

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In This Issue

  • Will U.S. Supreme Court hear request to overturn landmark decision on same-sex marriage?

  • Fort Wayne end-of-life doula tests bounds of Indiana’s funeral laws

  • New Notre Dame program helps first-year law students

Most Read
  • Howard County judge permanently banned from judicial service

  • Indiana attorney Zuckerberg sues Meta over accusations he’s impersonating Facebook founder

  • Will U.S. Supreme Court hear request to overturn landmark decision on same-sex marriage?

  • State judiciary is considering alternative exam for bar admission

  • Will Trump’s interest in reclassifying marijuana push Indiana toward legalization?

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