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7343 results for 'articles'

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7th Circuit denies third attempt of death penalty relief, notes questions raised about federal ‘savings clause’

July 19, 2021 | Katie Stancombe

An incarcerated man waiting on federal death row has for the third time unsuccessfully sought relief from his capital punishment, the 7th Circuit Court of Appeals ruled. This time, it rejected his argument under the “savings clause” that recent changes in clinical diagnostic standards show that he is intellectually disabled and ineligible for the death penalty.

Ex-transpo company worker may proceed with suit against employer, 7th Circuit rules

July 19, 2021 | Katie Stancombe

A former employee of a transportation company who sued under the Fair Labor Standards Act will be allowed to move forward with her individual claims after the 7th Circuit Court of Appeals ruled she was entitled to do so. However, it declined  to address the complexities of her failed collective action.

Hearing set for guilty plea of former Muncie police officer

July 19, 2021 | Associated Press

A former Muncie police officer is expected to plead guilty next month in connection with a federal investigation of excessive force allegations against other officers.

4 juveniles accused of poaching deer in Indiana, Illinois

July 19, 2021 | Associated Press

Indiana prosecutors have charged four juveniles from southeastern Illinois with allegedly torturing and poaching more than 20 wild deer in the two states.

Indiana teen faces August competency hearing in girl’s death

July 19, 2021 | Associated Press

A northern Indiana court will hear testimony next month to determine whether a 14-year-old boy accused in the strangulation death of a 6-year-old girl is competent to stand trial in her killing.

Ex-Charlestown wildlife center auctioned off after court ruling

July 19, 2021 | Associated Press and IL Staff

Hundreds of people turned out for an auction at a former Charlestown wildlife center where the ex-proprietor and his ex-wife were found to have violated the Endangered Species Act by taking and wounding animals, including tigers and lions.

‘A blaring siren’ for Democrats after ruling halts DACA

July 19, 2021 | Associated Press

Immigrants and advocates are urging Democrats and President Joe Biden to quickly act on legislation to protect young immigrants after a federal judge in Texas on Friday ruled illegal an Obama-era program that prevents the deportation of thousands of them brought into the U.S. as children.

Opinions July 16, 2021

July 16, 2021

Indiana Court of Appeals
Carl Eugene McDonald v. State of Indiana
21A-CR-363
Criminal. Dismisses in part, affirms in part, reverses in part. Finds Carl McDonald may not challenge on direct appeal the validity of his convictions for operating a vehicle while intoxicated, endangering a person with a passenger less than e18 years old, a Level 6 felony; three counts of Level 6 felony neglect of a dependent; operating a motor vehicle without ever receiving a license, a Class C misdemeanor; and for being a habitual vehicular substance offender. Also finds that the Cass Superior Court abused its discretion in sentencing McDonald but that remand to the trial court is only necessary so that the HVSO enhancement may be attached to a specific felony. Dismisses McDonald’s double jeopardy claims without prejudice so that they may be brought through a petition for post-conviction relief. Remands with instructions to correct the abstract of judgment.

Appellate court reverses order vacating default judgment nearly 10 years later

July 16, 2021 | Katie Stancombe

The Indiana Court of Appeals has reversed a trial court’s order vacating a nearly decade-old default judgment in a debt collection dispute, finding the debtor’s delay in bringing his fraud allegation was not reasonable.

COA partially reverses to clarify which conviction was enhanced in drunken driving case

July 16, 2021 | Katie Stancombe

A man who drove drunk with his three young grandchildren in the car cannot challenge the validity of his convictions on direct appeal, but the Indiana Court of Appeals remanded Friday so that his habitual vehicular substance offender enhancement could be attached to a specific felony.

Indiana restarts federal unemployment payments while court battle plays out

July 16, 2021 | Emily Ketterer and Indianapolis Business Journal Staff

The Indiana Department of Workforce Development resumed processing federal unemployment benefits this week — amid ongoing legal battles — and more than 25,000 claimants have received payments in the past day, the agency said Friday.

3 men charged over 2018 fatal Missouri tourist boat accident

July 16, 2021 | Associated Press

A Missouri prosecutor on Friday filed a total of 63 felony criminal charges against three employees over a July 2018 tourist boat accident on a Missouri lake that killed 17 people, including nine members of an Indianapolis family.

Michigan lawyer loses challenge to mandatory membership in state bar

July 16, 2021 | Associated Press

A federal appeals court has rejected a challenge to a policy that requires lawyers to join the State Bar of Michigan.

Man charged in Fort Wayne dismemberment pleads guilty

July 16, 2021 | Associated Press

One of two men charged in the Fort Wayne death and dismemberment of a 55-year-old man pleaded guilty to charges Thursday.

How Indiana evictions could surge post-moratorium

July 16, 2021 | Associated Press

A federal freeze on most evictions that was enacted last year is scheduled to expire July 31, after the Biden administration extended the date by a month. Here’s what that could mean for Hoosiers.

Former State Rep. Forestal dies at 38, cause of death unknown

July 15, 2021 | IL Staff

Former Indiana State Rep. Dan Forestal died this week. He was 38.

IUPUI male student loses bid to stop 2-year suspension based on sexual harassment

July 15, 2021 | Olivia Covington

An Indianapolis college student suspended for an act of sexual misconduct has lost his bid to stop the two-year suspension from taking effect. The ruling also implicates the student’s immigration status.

Indianapolis Archdiocese uses new 7th Circuit ruling to counter Roncalli lawsuit

July 15, 2021 | Marilyn Odendahl

Days after the 7th Circuit Court of Appeals found the ministerial exception protects a Chicago Catholic Church from a lawsuit brought by a fired employee, the Indianapolis Archdiocese is citing the decision to bolster its argument that the employment lawsuit filed by former Roncalli High School counselor Lynn Starkey should be dismissed.

Opinions July 15, 2021

July 15, 2021

Indiana Court of Appeals

Stephen M. Davis v. State of Indiana (mem. dec.)
21A-CR-52
Criminal. Affirms Stephen M. Davis’ sentence to five years executed in the Department of Correction for his conviction of Level 5 felony attempted overpass mischief. Finds the Madison Circuit Court did not abuse its discretion when it sentenced Davis. Also finds Davis’ sentence is not inappropriate in light of the nature of the offense and his character. Judge Elizabeth Tavitas concurs in result with separate opinion.

19 people indicted on meth, fentanyl trafficking charges

July 15, 2021 | Associated Press

A federal grand jury has indicted 19 people on charges alleging their involvement in a drug-trafficking organization believed to be linked to homicides in Indianapolis, officials said Thursday.

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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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