AP-NORC poll: Government should help Americans age at home
Most Americans agree that government should help people fulfill a widely held aspiration to age in their own homes, not institutional settings, a new poll finds.
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AG Rokita files motion to strike governor’s lawsuit
Indiana Attorney General Todd Rokita filed a motion to strike Friday to have the Marion Superior Court toss the governor’s lawsuit over executive powers, arguing in part, “the Governor cannot merely sue the legislature over laws he does not like.”
Opinions April 30, 2021
7th Circuit Court of Appeals
USA v. David Gibson and Jerry Harris
20-1236 & 20-2234
Appeals from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Jon E. DeGuilio.
Criminal. Affirms the Northern District Court’s denial of Jerry Harris and David Gibson’s motion to suppress evidence collected from cellphone tracking that revealed a heroin drug-trafficking scheme, as well as their respective sentences for conviction of conspiring to distribute one kilogram or more of heroin.
7th Circuit: Convicted heroin conspiracy leaders lose suppressed evidence argument
Two men at the top of a heroin drug conspiracy were unable to sway the 7th Circuit Court of Appeals in a Friday decision to reconsider granting their motion to suppress evidence.
Lake Co. must pay probation officers’ legal expenses, COA rules
Lake County must foot the bill for legal expenses incurred by two probation officers in a federal lawsuit brought by a probationer, the Indiana Court of Appeals has ruled.
Appellate court affirms denial of defendant’s motion for release pending resolution
A defendant whose motion for a continuance delayed his trial for nearly a year was not entitled to release from jail under Criminal Rule 4(A), the Indiana Court of Appeals ruled Friday.
Six-day delay in initial appearance was improper, but prejudice not shown, COA rules
Although a trial court should not have allowed a six-day delay in a defendant’s initial appearance, the Indiana Court of Appeals upheld the denial of the defendant’s motion to reduce bail because he did not establish prejudice. A concurring judge, however, cautioned that restraint should be used when “extending” Supreme Court precedent.
COA upholds felony domestic battery conviction for man who made wife ‘see stars’
A man convicted of felony domestic battery against his wife failed to convince the Indiana Court of Appeals that his wife did not suffer “moderate bodily injury” raising his crime to a felony level.
Governor signs controversial wetlands bill into law
Gov. Eric Holcomb signed a controversial wetlands bill into law on Thursday, disappointing numerous environmental, conservation and civic groups that had spoken out against the legislation.
Indiana ‘abortion reversal’ bill signed by governor
Doctors in Indiana would be required to tell women undergoing drug-induced abortions about a disputed treatment for potentially stopping the abortion process under a measure that’s been signed into law.
Man guilty of murder for killing groom at Indianapolis bachelor party
A jury has convicted a man of murder in the 2019 shooting death of a man celebrating his bachelor party at an Indianapolis pub.
New Castle woman pleads guilty in mother’s suffocation death
A central Indiana woman has pleaded guilty to killing her mother, whose body was found wrapped in plastic two weeks after she was suffocated inside her apartment.
An unusual coalition as Supreme Court rules for immigrant
An unusual coalition of Supreme Court justices joined Thursday to rule in favor of an immigrant fighting deportation in a case that the court said turned on the meaning of the shortest word, “a.”
Census Bureau: 70% of voters cast ballots early or by mail
| Associated Press and IL Staff
More than two-thirds of all U.S. citizens of the voting age population participated in the 2020 presidential election, according to a new U.S. Census Bureau report, and 69% of those cast ballots by mail or early in-person voting — methods that Republicans in some states are curtailing.
Holcomb signs bill changing Lake, St. Joe JNCs
| IL Staff
The structure of judicial selection in Lake and St. Joseph counties will soon change now that Indiana Gov. Eric Holcomb has signed controversial legislation changing the composition of the judicial selection panels in the northern Indiana counties.
Security guard acquitted of murder in Indianapolis apartment shooting
| IL Staff
An Indianapolis security guard who shot and killed a woman in her car has been found not guilty of murder.
Opinions April 29, 2021
Indiana Court of Appeals
Nancy S. Allsup v. Josie Swalls-Thompson
20A-MI-2333
Miscellaneous. Affirms the denial of a post-election contest petition filed by Nancy S. Allsup, the incumbent candidate for the office of Vigo County treasurer, against the winning candidate, Jose Swalls-Thompson. Finds the Vigo Circuit Court’s findings support its conclusion that “the evidence is undisputed that Swalls-Thompson moved back to Vigo County after her marriage in August 2017 and has resided here ever since with her husband in his house.” Also finds the trial court’s denial of Allsup’s post-election contest petition was not clearly erroneous.
Despite residency challenge, COA upholds results of Vigo Co. treasurer election
Despite having a Florida driver’s license and recently voting in an out-of-state election, the candidate for Vigo County treasurer who ousted the incumbent met the residency requirements to hold local Indiana office, the Indiana Court of Appeals has ruled.
COA reverses CHINS finding based on ‘exaggerated’ evidence
A CHINS finding against a Hendricks County girl was reversed Thursday after the Indiana Court of Appeals found determined the underlying evidence had been “exaggerated.”
Lawyers question Rokita’s actions in lawsuit filed by governor
Attorney General Todd Rokita’s move to insert himself into the dispute between Gov. Eric Holcomb and the Indiana General Assembly over executive power is being challenged by members of the legal profession who see the state’s top lawyer as violating his oath and overstepping his authority.