Kokomo man gets in-home detention for deadly 2019 crash
A Kokomo man has been sentenced to a month of in-home detention for a 2019 crash that killed a 76-year-old woman in a department store’s parking lot.
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US lawyers appeal UK decision to block Assange extradition
Lawyers acting on behalf of the U.S. government on Wednesday challenged a British judge’s decision to block the extradition of WikiLeaks founder Julian Assange to face espionage charges in the United States, arguing that assessments of Assange’s mental health should be reviewed.
State, abortion providers take home wins, losses in wide-ranging abortion ruling
In an expansive decision detailing the “global assault” on numerous facets of Indiana’s abortion regulation scheme, a federal judge has struck down numerous Indiana abortion limits, such as those restricting telemedicine consultations between doctors and women seeking abortions. Other Hoosier abortion regulations, however, have been upheld, including those requiring an 18-hour delay between a patient’s receipt of required materials and her abortion procedure, as well as an ultrasound requirement.
Republican leader says redistricting contract should be shared
As House Republicans and Democrats continue to tussle over a consultant the GOP has hired to help with the redistricting process, the chair of the Indiana Senate Committee on Elections said he sees no reason for the consultant’s contract not to be made public.
Opinions Aug. 10, 2021
7th Circuit Court of Appeals
Beverly Zylstra and Bernard Zylstra v. DRV, LLC
20-1949
Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Senior Judge William C. Lee.
Civil. Affirms the Indiana Northern District Court’s grant of summary judgment to DRV, LLC against Bernard and Beverly Zylstra on their suit claiming breach of express and implied warranties under state law, violation of the federal Magnuson-Moss Act and violation of state deceptive practices acts. Finds even in the light most favorable to the Zylstras, DRV never had a reasonable opportunity to repair the defects to their RV as required under the warranty. Therefore, the Zylstras’ claims cannot survive.
Public Defender Commission seeks public input on proposals for lower caseloads, higher pay
The Indiana Public Defender Commission is proposing new standards that would significantly cut the caseloads and increase the pay for attorneys who represent adults and juveniles accused of criminal offenses.
7th Circuit upholds ruling for manufacturer in repair dispute over soiled RV
A retired couple who did not give the manufacturer of an issue-ridden recreational vehicle a sufficient opportunity to repair a leaking sewage tank cannot succeed in its case against the manufacturer, the 7th Circuit Court of Appeals has ruled.
COVID-19 cases, hospitalizations, deaths surging in Indiana
The Indiana State Department of Health reported 2,234 new cases of COVID-19, the highest number of new cases since Feb. 6, when 2,855 were reported. The state said more than 2.98 million Hoosiers had been fully vaccinated against COVID-19 as of Tuesday at 5 a.m.
Tax dispute over JW Marriott headed for trial
A decade-old dispute over the assessment of Indianapolis’ largest hotel is headed for trial after the Indiana Tax Court declined to enter summary judgment for either the owner of the downtown JW Marriott or the Marion County assessor.
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.
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.