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Texas’ longest serving death row inmate has sentence tossed

April 16, 2021 | Associated Press

An appeals court has overturned the sentence of Texas’ longest serving death row inmate whose attorneys say has languished in prison for more than 45 years because he’s too mentally ill to be executed.

Democrats begin long-shot push to expand the Supreme Court

April 16, 2021 | Associated Press

A group of congressional Democrats introduced legislation Thursday to add four seats to the Supreme Court, a long-shot bid designed to counter the court’s rightward tilt during the Trump administration and criticized by Republicans as a potential power grab that would reduce the public’s trust in the judiciary.

Former VP Pence undergoes surgery to implant pacemaker

April 16, 2021 | Associated Press

Former Vice President Mike Pence has undergone surgery to have a pacemaker implanted. His office said Wednesday’s procedure went well and that Pence “is expected to fully recover and return to normal activity in the coming days.”

FedEx gunman who killed 8, self was known to police

April 16, 2021 | Associated Press and Indianapolis Business Journal Staff and IL Staff

The former employee who shot and killed eight people at a FedEx facility in Indianapolis was interviewed by FBI agents last year after his mother called police to say that her son might commit “suicide by cop,” the bureau said Friday. Authorities also released the names of the eight victims late Friday.

Opinions April 15, 2021

April 15, 2021

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Wednesday:
Deborah M. v. Andrew M. Saul, Commissioner of Social Security
20-2570
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Magistrate Judge Tim A. Baker.
Civil. Affirms the denial of Deborah M.’s request for a remand of an administrative law judge’s determination that she has the capacity to perform light work and thus is not entitled to Social Security disability benefits. Finds the ALJ did not ignore a line of evidence contradicting her decision, her assessment of plaintiff’s symptoms was not patently wrong and she did not fail to note any supported manipulative limitations. Also finds the ALJ’s decision was supported by substantial evidence.

Notre Dame law dean embraces admission practice others call ‘unnecessary, callous’

April 15, 2021 | Marilyn Odendahl

In response to criticism about its 2021 admission process, which has been dubbed by one social media user as the “seat deposit scandal,” Notre Dame Law School Dean G. Marcus Cole is calling the approach a success and praising the process as yielding an incoming class that is strongly committed to the institution.

7th Circuit proposes local fee order rule changes

April 15, 2021 | IL Staff

The 7th Circuit Court of Appeals has proposed revisions to its local fee rule that would strike the explicit current local attorney admission fee of $15 and replace it with language referring to the court’s attorney admission local fee order. That order currently sets the fee at $15, as well.

Indiana budget outlook shows bigger tax revenue jump

April 15, 2021 | Associated Press and Olivia Covington

A new state tax revenue forecast given to state legislators Thursday projects those collections going up by more than 4% in each of the next two years. That could mean about $2 billion more available for the new two-year state budget being completed by legislative negotiators after the last forecast in December projected growth between 2% and 3%.

Foreclosure case remanded over statutory violation

April 15, 2021 | Olivia Covington

A foreclosure dispute over a Middletown home is headed back to the trial court in Henry County after the Indiana Court of Appeals determined an order granting immediate possession of the home to its seller was erroneous.

7th Circuit upholds denial of disability benefits despite ‘several medical problems’

April 15, 2021 | Olivia Covington

An administrative law judge did not err in finding that a woman was not entitled to disability benefits despite having “several medical problems,” the 7th Circuit Court of Appeals held Wednesday.

Defense rests without Chauvin testimony at George Floyd murder trial

April 15, 2021 | Associated Press

The defense at the murder trial of former Officer Derek Chauvin in the death of George Floyd rested its case Thursday without putting Chauvin on the stand, presenting a total of two days of testimony to the prosecution’s two weeks.

Judge: BP’s Whiting refinery violated soot emission limits

April 15, 2021 | Associated Press and IL Staff

A BP refinery in northwestern Indiana repeatedly violated air pollution standards for soot emissions between 2015 and 2018, a federal judge ruled in a lawsuit brought by environmental advocates.

General Assembly overrides veto, sets stage for court fight over governor’s emergency powers

April 15, 2021 | Indianapolis Business Journal Staff and Olivia Covington

The Indiana House on Thursday morning voted to override Gov. Eric Holcomb’s veto of a bill giving legislators more authority to intervene during emergencies declared by the governor.

23 judges, lawyers, apply to succeed Kirsch on Court of Appeals

April 15, 2021 | IL Staff

Twelve judges and 11 lawyers from central Indiana have applied to succeed retiring Judge James Kirsch on the Indiana Court of Appeals.

Wetlands deregulation bill advances to Indiana governor

April 15, 2021 | Associated Press

Lawmakers gave final approval Wednesday to a disputed bill seeking to remove protections from Indiana’s already diminished wetlands amid mounting criticism that the legislation could cause damage to the state’s waterways, wildlife and vegetation.

Congressional panel votes to advance bill on slavery reparations

April 15, 2021 | Associated Press

A United States House panel advanced a decades-long effort to pay reparations to the descendants of slaves by approving legislation Wednesday that would create a commission to study the issue.

SCOTUS to consider civil forfeiture case of truck seized over 5 forgotten bullets

April 15, 2021 | Associated Press

Gerardo Serrano ticked off the border crossing agents by taking some photos on his phone. So they took his pickup truck and held onto it for more than two years. Now the U.S. Supreme Court might take up the case.

Opinions April 14, 2021

April 14, 2021

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Tuesday:
Roderick V. Lewis v. Dushan Zatecky
20-1642
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Richard L. Young.
Civil. Reverses the denial of Roderick Lewis’ petition for writ of habeas corpus. Finds the decision of the last responsible state court was contrary to U.S. Supreme Court precedent, insofar as it held that Strickland, not Cronic, furnished the applicable rule, and it was an unreasonable application of Cronic, insofar as it focused on that case. Remands for the issuance of the writ, limited to resentencing. Judge Michael Brennan dissents with separate opinion.

Neighborhood Christian Legal Clinic gets $1M grant from Lilly Endowment

April 14, 2021 | IL Staff

Indianapolis-based Neighborhood Christian Legal Clinic has been awarded a grant of just over $1 million from Lilly Endowment’s Enhancing Opportunity Initiative, allowing the legal aid provider to bolster its assistance to individuals who are reentering society after being incarcerated.

Split 7th Circuit orders resentencing for murder defendant after ‘literally no assistance’

April 14, 2021 | Olivia Covington

A convicted murderer who during sentencing received “literally no assistance from his lawyer” won resentencing after a majority of a 7th Circuit Court of Appeals panel reversed the denial of his habeas petition. A dissenting judge, however, opined that the majority’s holding improperly expands U.S. Supreme Court precedent.

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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?

  • Mediator picked to help settle disciplinary case against AG Todd Rokita

  • State judiciary is considering alternative exam for bar admission

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