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Opinions July 23, 2021

July 23, 2021

7th Circuit Court of Appeals
United States of America v. Kashawn Morrow
20-2259
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Richard L. Young.
Criminal. Affirms Kashawn Morrow’s convictions on counts of Hobbs Act robbery and firearms offenses in relation to four robberies across Indiana and Ohio. Vacates the restitution award against Morrow. Finds Morrow failed to satisfy the plain error requirements to successfully challenge count 8. Also finds Hobbs Act robbery is a crime of violence. Finally, finds it was error for the district court to order restitution for property stolen during the Troy, Ohio robbery. Remands for a determination of the appropriate restitution award for the Ohio robbery.

7th Circuit says Archdiocese premature in seeking dismissal of Roncalli counselor case

July 23, 2021 | Marilyn Odendahl

The 7th Circuit Court of Appeals has dismissed an appeal in the lawsuit brought by former Roncalli High School counselor Lynn Starkey, saying the Archdiocese of Indianapolis’ turn to the appellate court was premature.

7th Circuit declines to vacate firearms convictions but reduces robbery restitution

July 23, 2021 | Olivia Covington

A man convicted in a series of armed robberies failed to convince the 7th Circuit Court of Appeals that he and his co-conspirators used a fake gun that should undermine his firearms convictions. But the appellate court did vacate part of the man’s restitution order.

Bail bondsman released from order to repay $20,000 bond

July 23, 2021 | Katie Stancombe

A bail bondsman has been freed from an order to pay up on a $20,000 bond he posted several years ago after the Indiana Court of Appeals reversed upon finding the bond had expired and was no longer forfeitable.

New restrictions on electronic devices coming to Southern Indiana District courts

July 23, 2021 | IL Staff

Citizens will have to turn off and secure their electronic devices before entering any of the federal courthouses in the Southern District of Indiana starting Aug. 2, Chief Judge Tanya Walton Pratt has announced.

Federal judiciary seeks $1.5B for security, IT, construction upgrades, including Fort Wayne courthouse

July 23, 2021 | IL Staff

The United States federal judiciary is requesting more than $1.5 billion to support courthouse security, information technology and courthouse construction projects, including funding to upgrade the U.S. District Court for the Northern District of Indiana’s Fort Wayne location.

Mississippi argues Supreme Court should overturn Roe v. Wade

July 23, 2021 | Associated Press

The U.S. Supreme Court should overturn its landmark 1973 ruling that legalized abortion nationwide and let states decide whether to regulate abortion before a fetus can survive outside the womb, the office of Mississippi’s Republican attorney general argued in papers filed Thursday with the high court.

Dems renew questions about FBI background check of Kavanaugh

July 23, 2021 | Associated Press

Senate Democrats are raising new concerns about the thoroughness of the FBI’s background investigation of Supreme Court Justice Brett Kavanaugh after the FBI revealed that it had received thousands of tips and had provided “all relevant” ones to the White House counsel’s office.

Hoosiers invited to provide comments, suggestions at redistricting meetings

July 22, 2021 | Associated Press and IL Staff

The Indiana General Assembly will be hosting a series of meetings around the state in August to get public input on the upcoming redistricting process prior to the congressional and state legislative maps being redrawn.

Experts: Spend opioid settlement funds on fighting opioids

July 22, 2021 | Associated Press

As a $26 billion settlement over the toll of opioids looms, some public health experts are citing the 1998 agreement with tobacco companies as a cautionary tale of runaway government spending and missed opportunities for saving more lives.

Opinions July 22, 2021

July 22, 2021

The following 7th Circuit Court of Appeals opinions were posted after IL deadline on Wednesday.

Joseph McCavitt v. Kilolo Kijakazi, Acting Commissioner of Social Security
20-2727
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Robert L. Miller, Jr.
Civil. Affirms the rejection of Joseph McCavitt’s petition for Social Security disability benefits for his child, N.A.M. Rejects McCavitt’s argument that N.A.M., is disabled by attention deficit hyperactivity disorder, intellectual limitations, oppositional defiant disorder, and nocturnal enuresis and that his son’s conditions meet, or are functionally equivalent to three of six “domains of functioning”. Agrees with the ALJ and Indiana Northern District Court’s finding that N.A.M. did not meet any of the listings and has a marked limitation in only one functional category. Finds substantial evidence supports that conclusion.

Dinsmore expands Indianapolis office by 15% through lateral hires

July 22, 2021 | Marilyn Odendahl

Months after its entry into the Indiana market, Dinsmore & Shohl has grown its Indianapolis office by 15% in recent weeks with the addition of six attorneys.

State dismisses murder case against Elkhart man with mental disability following release last year

July 22, 2021 | Olivia Covington

A criminal case has been dismissed against an Elkhart man with a mental disability who was convicted of a 2002 murder but who won his release from prison last year.

Indiana RV manufacturer prevails in breach of warranty suit brought by frustrated customer

July 22, 2021 | Katie Stancombe

A peaceful retirement on the road wasn’t meant to be for a man whose experience with a recreational vehicle made by an Indiana company went flat following dozens of unresolved defects. But the 7th Circuit Court of Appeals ruled for the RV’s manufacturer, finding no issue with an instruction given to a jury in a suit against the RV maker.

7th Circuit: Child with ADHD, other conditions not entitled to disability benefits

July 22, 2021 | Katie Stancombe

A Hoosier child with several intellectual limitations is not considered disabled and therefore doesn’t qualify to receive benefits from the Social Security Administration, the 7th Circuit Court of Appeals has ruled.

Indiana expected to get $507 million from opioid settlement

July 22, 2021 | Associated Press

Indiana will receive $507 million as part of a multistate agreement to settle a lawsuit against opioid distributors designed to bring relief to people struggling with addiction to the drug, officials said Wednesday.

Ex-South Bend housing authority director indicted for alleged fraud

July 22, 2021 | Associated Press

The former executive director of a northern Indiana city’s housing authority has been indicted along with four others in a scheme that allegedly defrauded the U.S. government of millions of dollars.

Pelosi bars Trump allies, including Banks, from Jan. 6 probe; GOP vows boycott

July 22, 2021 | Associated Press

House Speaker Nancy Pelosi cited the “integrity” of the probe in refusing Wednesday to accept the appointments of Indiana Rep. Jim Banks, picked by McCarthy to be the top Republican on the panel, or Ohio Rep. Jim Jordan.

Garland launches gun trafficking strike forces in 5 cities

July 22, 2021 | Associated Press

Attorney General Merrick Garland will launch gun trafficking strike forces in Chicago, New York, Los Angeles, San Francisco and Washington, D.C. The effort will include stepped-up enforcement in so-called supply areas — cities and states where it’s easier to obtain firearms that are later trafficked into other cities with more restrictive gun laws.

50-year war on drugs imprisoned millions of Black Americans

July 22, 2021 | Associated Press

Fifty years ago this summer, President Richard Nixon declared a war on drugs. Today, with the U.S. mired in a deadly opioid epidemic that did not abate during the coronavirus pandemic’s worst days, it is questionable whether anyone won the war. Yet the loser is clear: Black and Latino Americans, their families and their communities.

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In This Issue

  • Is mid-decade redistricting legal? Indiana Democrats prepare court challenge

  • Immigrant detainees denied bond hearings under new ruling

  • Protests, speech on college campuses under federal, state scrutiny

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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