Meiring officially named to head of Disciplinary Commission
| IL Staff
The longtime leader of Indiana’s judicial ethics body is now officially the executive director of the Indiana Supreme Court Disciplinary Commission.
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Indiana buried in unemployment appeals backlog
There are more than 17,000 pending unemployment appeals in Indiana, according to the Department of Workforce Development. Only California, Texas and Virginia — states with much larger populations — have more.
Carmel-based firm uncovers three separate cases of employee fraud
Maria Caceres, a former employee of Carmel-based Seven Corners Inc., stands accused of defrauding the company by submitting false claims — the third employee to face such charges within two years in separate criminal cases that allege more than $3.5 million in fraud against the travel insurance company.
Indianapolis man alleges van ride to jail left him paralyzed
An Indianapolis man who says he was paralyzed while being taken to jail in 2019 has filed a federal lawsuit alleging officers threw him head-first into the back of a van that had no safety restraints.
7th Circuit reverses, orders resentencing after finding man’s battery conviction serves as ACCA predicate
A man convicted on several drug counts who argued that a Northern Indiana judge was wrong about his armed robbery conviction has lost an argument before the 7th Circuit Court of Appeals, which reversed for the federal government in his case.
COA: Bail bondsmen prevail in slaying of Kosciusko County man with outstanding charges
Two parents seeking justice for their son after he was shot and killed during an attempt by bail bondsmen to apprehend him at their home did not sway an Indiana Court of Appeals decision that ruled for the bail bond company.
Opinions Aug. 9, 2021
The following 7th Circuit Court of Appeals opinions were posted after IL deadline on Friday.
USA v. Bryant Love
20-2131, 20-2297
Appeals from the United States District Court for the Northern District of Indiana, Hammond Division. Judge Philip Simon.
Criminal. Reverses and remands the Indiana Northern District Court’s ruling that only two of Bryant Love’s three prior offenses amounted as predicates under the Armed Career Criminal Act. Finds Love’s 2015 Indiana Class D battery resulting in bodily injury counts as an ACCA predicate and orders for his resentencing on multiple drug counts and a felon-in-possession count.
COA again knocks down law limiting deposition of alleged child victims
For at least the fourth time, the Indiana Court of Appeals has found a law passed by the Indiana General Assembly in 2020 which limited defendants’ ability to depose alleged victims of molestation “impermissibly conflicts” with the Indiana Rules of Trial Procedure.
St. Joseph County settles with wrongfully jailed former inmate
A northern Indiana county has reached a financial settlement with a former inmate who was wrongfully jailed for more than 40 days after being charged in two counties for the same offense.
Gas City woman guilty of murder in stepdaughter’s slaying
A jury has convicted a northern Indiana woman of the strangulation death of her 10-year-old stepdaughter.
Life without parole sought for Fort Wayne man charged with killing 4
Prosecutors are seeking life without parole for a man charged in the killing of a woman and her three children. Cohen Bennett Hancz-Barron, 21, of Fort Wayne, who faces four counts of murder, appeared Friday in Allen Superior Court as prosecutors requested the sentence.
Elkhart man convicted in 2015 slaying of his uncle
A northern Indiana man has been convicted in the 2015 killing of his uncle, who authorities believe was shot and then burned along with the mattress to his bed.
Psychiatrists to assess Clarksville man charged in grisly death
A southern Indiana man charged with killing a woman whose decapitated, mutilated body was found inside her burning apartment will be evaluated by psychiatrists to determine whether he has an intellectual disability.
7th Circuit upholds search warrant that contained false information
The 7th Circuit Court of Appeals agreed with the Northern Indiana District Court that a federal agent’s explanations were plausible and he was “at worst, negligent…” when he obtained a search warrant by telling a magistrate judge a controlled delivery of drugs would be made and then told the magistrate judge the illegal drugs had been recovered even though no drugs had ever been delivered or retrieved.
Faegre Drinker mandating vaccines, other Indiana law firms still encouraging vaccinations
Starting Monday, Faegre Drinker Biddle & Reath will be requiring employees and visitors to be fully vaccinated against the COVID-19 virus before being allowed to enter any of its offices, according to the law firm.
Opinions Aug. 6, 2021
Indiana Court of Appeals
Latieka Q. Page v. State of Indiana
21A-CR-90
Criminal. Reverses Latieka Page’s conviction of Level 6 felony possession of a narcotic drug after law enforcement found previously prescribed Oxycodone pills in an unlabeled bottle in her car. Disagrees with the Elkhart Superior Court’s determination that a validly issued prescription becomes invalid for purposes of Indiana Code § 35-48-4-6 upon a person’s failure to take the medicine as prescribed. Finds Page proved by a preponderance of the evidence that she had obtained the pills from previous validly-issued prescriptions.
Lawyer who told Disciplinary Commission ‘I politely dare you’ suspended for 30 days with automatic reinstatement
An attorney who “politely dared” the Indiana Supreme Court Disciplinary Commission to question his character has been suspended from the practice of law in Indiana for 30 days with automatic reinstatement.
COA: Expired prescription doesn’t support narcotics possession conviction
A woman who still had Oxycodone pills after her prescription had expired should not have been convicted for possession of a narcotic drug, the Indiana Court of Appeals has ruled.
7th Circuit dismisses as moot state’s appeal of habeas relief in Elkhart murder case
The 7th Circuit Court of Appeals has dismissed as moot Indiana’s appeal of a conditional writ of habeas corpus for a man convicted of murder as a teenager, finding that state-court vacatur of the conviction ended the appellate court’s jurisdiction over the petition.
Students challenging IU vaccine mandate file for SCOTUS review
The legal battle over whether Indiana University’s COVID-19 vaccine mandate is constitutional is now at the U.S. Supreme Court.