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Man convicted of child porn not entitled to relief over criminal procedure rule, restitution dispute

May 7, 2021 | Katie Stancombe

A debate over a federal criminal procedure rule and a restitution order did not sway a 7th Circuit Court of Appeals panel, which upheld a man’s conviction and sentence for child pornography.

Opinions May 7, 2021

May 7, 2021

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Thursday:
United States of America v. Adonnis Carswell 

20-1036
Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Judge Holly A. Brady.
Criminal. Affirms Adonnis Carswell’s convictions of four drug and firearm offenses, including possession of heroin with intent to distribute. Finds that the judge who issued the search warrant intended for Carswell’s home had a reasonable basis for thinking evidence of drug and firearm crimes was likely to be found there. Also finds the prosecution’s closing arguments were not improper, did not make Carswell’s trial unfair and did not deny him due process of law.  

Egg dispute back in court over allegations of cracked contract

May 7, 2021 | Olivia Covington

A dispute between farming companies over egg production and chickens snatched from their coops will return to court to address two breach claims after the Indiana Court of Appeals partially reversed a dismissal.

COA reverses narcotic conviction for insufficient evidence

May 7, 2021 | Olivia Covington

The Indiana Court of Appeals has vacated a man’s felony conviction for possessing a narcotic, agreeing with both the defendant and the state that the substance found in the man’s possession was not actually a narcotic.

Reversal: Court must hold hearing on neighbor’s protective order request

May 7, 2021 | Olivia Covington

A trial court must hold a hearing on a woman’s petition for a protective order against her neighbor, the Indiana Court of Appeals ruled Friday, finding the trial court erred by initially dismissing the petition alleging harassment without a hearing.

IU Maurer professor among 7 nationwide tapped as Access to Justice Scholar

May 7, 2021 | IL Staff

An Indiana University Maurer School of Law professor is among seven law professors nationwide named as 2021-2022 American Bar Foundation/JPB Foundation Access to Justice Scholars, the ABF has announced.

Indianapolis judge alters ‘red flag’ process after Indiana FedEx shooting

May 7, 2021 | Associated Press

All “red flag” cases filed by Indianapolis police will now come before a judge after an Indiana prosecutor was criticized for declining to use the law to pursue court hearings that could have prevented a man from accessing the guns used to kill eight people at a FedEx facility last month.

Lake Co. father of drowned brothers pleads guilty to neglect charges

May 7, 2021 | Associated Press

An Indiana man pleaded guilty Wednesday to two counts of neglect of a dependent resulting in serious bodily injury in the drownings of his two sons.

Former Indiana man suspected in wife’s death appears in court

May 7, 2021 | Associated Press

A former Indiana resident suspected in the death of his wife who disappeared last Mother’s Day made his first appearance in court Thursday to be advised of the charges he could face, including first-degree murder.

Ex-Pence economic official eyes 2024 Indiana governor bid

May 7, 2021 | Associated Press

A Fort Wayne businessman who was a top official in former Gov. Mike Pence’s administration is getting an early jump on running for governor in the 2024 election.

Opinions May 6, 2021

May 6, 2021

Indiana Court of Appeals
Juventino V. Ramirez v. State of Indiana (mem. dec.)
20A-CR-1982
Criminal. Affirms Juventino V. Ramirez’s conviction of Level 4 felony child molesting. Finds the Allen Superior Court’s rulings on Ramirez’s discovery requests were not an abuse of discretion, nor did they violate his constitutional rights. Also finds the trial court did not abuse its discretion when it denied Ramirez’s motion for a continuance, did not allow him to make an offer of proof of a recording of a forensic interview, allowed a witness to give vouching testimony or in instructing the jury. Finally, finds that even if the trial court abused its discretion in allowing vouching testimony or hearsay, the error was harmless.

Hamilton County to get new court, 4 counties to get new magistrates

May 6, 2021 | Olivia Covington

Five Indiana counties will get additional judicial resources after Gov. Eric Holcomb signed legislation allowing for additional magistrates and courts. One county, however, will lose a court that had previously been approved.

Holcomb signs bill recognizing Pokagon tribal courts

May 6, 2021 | Olivia Covington

Indiana courts will soon be required to recognize court orders from the Pokagon Band of the Potawatomi Indians after Gov. Eric Holcomb signed a bill extending full faith and credit to the tribal courts.

IndyBar Foundation offering solo/small firm grants again in 2021

May 6, 2021 | IL Staff

The Indianapolis Bar Foundation is once again offering up to $2,500 to lawyers who work with local service providers to help central Indiana families in need of legal services related to the COVID-19 pandemic.

ATF to help Gary authorities investigate suspicious fires

May 6, 2021 | Associated Press

The federal Bureau of Alcohol, Tobacco, Firearms and Explosives will help the Gary police and fire departments investigate a series of recent suspicious fires, authorities said.

Father of drowned brothers pleads guilty to neglect charges

May 6, 2021 | Associated Press

An Indiana man pleaded guilty Wednesday to two counts of neglect of a dependent resulting in serious bodily injury in the drownings of his two sons.

Judge temporarily stays ruling against CDC eviction moratorium

May 6, 2021 | Associated Press

A federal judge has temporarily stayed an order that found the Centers for Disease Control and Prevention exceeded its authority when it imposed a federal eviction moratorium to help stop the spread of the coronavirus.

Democrats revise voting bill but Senate obstacles remain

May 6, 2021 | Associated Press

Democrats are revising key sections of their sweeping legislation to overhaul U.S. elections, hoping to address concerns raised by state and local election officials even as they face daunting odds of passing the bill through Congress.

Biden repeals Trump-era rule on gig workers

May 6, 2021 | Associated Press

The Biden administration nullified a Trump-era rule Wednesday that would have made it easier to classify workers as independent contractors, blocking a change supported by delivery and ride-hailing services.

Ponzi schemer Cochran escalates fight for early release on COVID grounds

May 6, 2021 | Greg Andrews, Indianapolis Business Journal

Jim Cochran, the former Indianapolis businessman serving a 25-year prison term for his role in the massive Fair Finance Ponzi scheme, is asking a Chicago appeals court for early release on the grounds that his health problems could make contracting COVID-19 lethal and that he has undergone a religious conversion that no longer makes him a risk to society.

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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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