ATF to help Gary authorities investigate suspicious fires
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.
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Father of drowned brothers pleads guilty to neglect charges
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
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
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
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
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.
Lawmakers to return to Statehouse with chance to override two vetoes
Lawmakers are set to return to the Indiana Statehouse on Monday to make technical corrections — a session in which they could also vote to overturn two vetoes by Gov. Eric Holcomb.
Justices reject appeal to make public Indianapolis’ Amazon HQ2 offer
| IL Staff
The Indiana Supreme Court has declined to hear an appeal from a tax trade publication that sought disclosure of tax dollars and incentives Indianapolis and the state offered Amazon in the city’s failed attempt to lure the online retail giant’s coveted second headquarters project known as HQ2.
Opinions May 5, 2021
The following Indiana Supreme Court opinion was posted after IL deadline Tuesday:
Zachariah Brian Wright v. State of Indiana
20S-LW-260
Life without parole. Affirms the denial of Zachariah Brian Wright’s request to self-represent, and his sentence of life without the possibility of parole plus 18 years for his convictions of murder, Level 3 felony criminal confinement, Level 6 felony theft, Level 5 felony burglary and Level 2 felony attempted burglary. Finds that Wright’s waiver of the right to counsel was knowing and voluntary, but because his waiver was neither unequivocal nor intelligent, the Boone Superior Court properly denied his request. Also finds Wright’s sentence was not inappropriate in light of the nature of his offenses or his character. Remands for the correction of a minor oversight in the sentencing order. Justice Mark Massa concurs in result with separate opinion. Justice Geoffrey Slaughter dissents with separate opinion.
Eastern Indiana woman gets 55 years in slaying of child’s father
A judge sentenced an eastern Indiana woman to 55 years in prison Tuesday after a jury convicted her of murder in the shooting death of her child’s father.
COA rejects challenge to text message evidence, upholds meth dealing conviction
A man convicted of dealing meth based largely on text messages failed to convince the Indiana Court of Appeals that the messages were improperly admitted at his trial.
Biden touts $28.6B restaurant relief program, orders tacos
Setting foot in a restaurant for his first time as president, Joe Biden made a Cinco de Mayo taco and enchilada run to highlight his administration’s $28.6 billion program to help eateries that lost business because of the coronavirus pandemic.
Facebook board upholds Trump ban, just not an indefinite one
Former President Donald Trump won’t return to Facebook — at least not yet. Four months after Facebook suspended Trump’s accounts for inciting violence that led to the deadly Jan. 6 Capitol riot, the company’s quasi-independent oversight board upheld the bans but told Facebook to specify how long they would last.
Split Supreme Court upholds denial of LWOP defendant’s pro se request
A Boone County murder defendant convicted and sentenced to life without parole failed to convince a majority of the Indiana Supreme Court that the trial court improperly denied his request to proceed pro se. The majority provided an analysis for considering pro se requests in capital and LWOP sentences, but minority justices raised concerns about the majority “till(ing) new constitutional soil.”
Former Marion Superior Judge Moores certified as senior judge
| IL Staff
Longtime Marion County juvenile judge Marilyn Moores has been certified as a senior judge following her retirement last year.
Local refugee organizations prepare to rebuild after Biden raises cap
Only 21 refugees have been resettled to Indiana so far this fiscal year, in the midst of a global pandemic and a historically low federal annual cap on the number of refugees allowed in the United States. On Monday, the Biden administration quadrupled that limit, from 15,000 to 62,500, effective May 15.
Supreme Court skeptical of low-level crack offender’s case
Crack cocaine trafficking kingpins convicted more than a decade ago can ask courts to reduce their prison terms under a 2018 federal law. The Supreme Court on Tuesday sounded skeptical that people convicted of older low-level crack crimes can do the same.
Judge orders Justice Department to release Trump obstruction memo
A federal judge has ordered the release of a legal memorandum the Trump-era Justice Department prepared for then-Attorney General William Barr before he announced his conclusion that President Donald Trump had not obstructed justice during the Russia investigation.
Holcomb vetoes bill that would cut power of local health officials
In another pushback against fellow Republicans, Gov. Eric Holcomb vetoed a bill on Tuesday that he said would have hampered the ability of local health officials to respond to emergencies.
Opinions May 4, 2021
Indiana Court of Appeals
National Collegiate Athletic Association v. Jennifer Finnerty, Individually and as Personal Representative of the Estate of Cullen Finnerty, and Carol Anderson, Individually, and as Personal Representative of the Estate of Neal Anderson, and Maura Solonoski, Individually, and as Attorney-In-Fact for Andrew Solonoski Jr.
20A-CT-1069
Civil tort. Dismisses the NCAA’s appeal of the denial of its protective order to quash the depositions of Mark Emmert, Donald Remy and Dr. Brian Hainline. Finds the NCAA’s repetitive motion for a protective order/motion to reconsider did not extend the time for an interlocutory appeal of the Marion Superior Court’s denial, so the appeal is untimely. Also finds there are no extraordinarily compelling reasons to consider the merits of the appeal. Judge Elizabeth Tavitas dissents with separate opinion.