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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.

Health provider loses Medicaid appeal seeking OTC medicine reimbursement

April 14, 2021 | Dave Stafford

A company that operates health care facilities for people with mental disabilities has lost an appeal of judgments saying it was not entitled to reimbursement from the state’s Medicaid program for the costs of over-the-counter medication.

Muncie police face new excessive force, false reporting charges

April 14, 2021 | IL Staff

Three Muncie police officers are facing new allegations of using excessive force then attempting to cover up their actions after a new federal indictment. A fourth officer not previously indicted is now also being charged with a federal crime.

COA reverses reopening of dismissed eminent domain action

April 14, 2021 | Olivia Covington

Homeowners challenging a Lake County public construction project must challenge the project’s impact on their property through a new inverse condemnation action, the Indiana Court of Appeals has ruled, reversing a ruling allowing the homeowners to reopen a previously dismissed lawsuit.

Indiana lawmakers send abortion ‘reversal’ bill to governor

April 14, 2021 | Associated Press

Indiana lawmakers have approved a bill requiring doctors to tell women undergoing drug-induced abortions about a disputed treatment that could stop the abortion process.

Biden begins to undo Trump’s ban on abortion referrals

April 14, 2021 | Associated Press

The Biden administration on Wednesday began to undo a Trump-era ban on clinics referring women for abortions, a policy directive that drove Planned Parenthood from the federal family planning program and created new complications for women trying to get birth control.

Watchdog lays bare Capitol Police’s riot security failures

April 14, 2021

A blistering internal report by the U.S. Capitol Police describes a multitude of missteps that left the force unprepared for the Jan. 6 insurrection — riot shields that shattered upon impact, expired weapons that couldn’t be used, inadequate training and an intelligence division that had few set standards.

Indiana House sends Lake, St. Joe judicial selection bill to Holcomb

April 14, 2021 | Dave Stafford

Despite final pleas from Lake County Democratic lawmakers to kill a controversial judicial selection bill that one said treats their county and St. Joseph County “as stepchildren,” the Indiana House voted Wednesday to agree to Senate amendments, sending House Bill 1453 to Gov. Eric Holcomb.

AP source: Ponzi schemer Bernie Madoff dies in prison

April 14, 2021 | Associated Press

Bernie Madoff, the financier who pleaded guilty to orchestrating the largest Ponzi scheme in history, died in a federal prison early Wednesday, a person familiar with the matter told The Associated Press.

Web Exclusive: NCAA, broadcaster in contract dispute over COVID cancelation of March Madness 2020

April 14, 2021 | Olivia Covington

After the fanfare of the 2021 NCAA March Madness Tournament, the Indianapolis-based college athletics organization is heading back to the court — this time, an actual courtroom in the Circle City — in a contract dispute over a radio broadcast contract canceled during the pandemic.

Female judges encourage women to seek out the bench, become ‘seed planters’

April 14, 2021 | Katie Stancombe

Women who aspire to become judges need mentors and role models to help show the way. One longtime Indiana appellate judge shared the value of such encouragement that speaks to the experience of many female jurists: “She saw something in me that I didn’t see in myself. That caused me to apply.”

Innovation needed to bridge patent diversity gap, attorneys say

April 14, 2021 | Marilyn Odendahl

A bill introduced in the U.S. Senate in March seeks to quantify the lack of diversity among patent holders. The Inventor Diversity for Economic Advancement Act of 2021 — or IDEA Act — would require the USPTO to collect inventors’ demographic information, including race and gender.

GAL/CASA provider change causes anger, confusion

April 14, 2021 | Marilyn Odendahl

Two Indianapolis nonprofits that serve youngsters in the child welfare system, Child Advocates and Kids’ Voice of Indiana, have been at the center of an argument that many families have had: Who can better care for the youngest members?

Evolving law addresses coverage after hack

April 14, 2021 | Olivia Covington

In what one justice described as an “emerging area of law,” the Indiana Supreme Court recently issued an opinion that insurance lawyers say provides, for the first time, concrete guidance in Indiana on how far computer fraud insurance can extend against hacks.

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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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