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Opinions Jan. 12, 2020

January 12, 2021

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Monday:
Dustin John Higgs v. T.J. Watson, Warden

20-2129
Appeal from the United States District Court for the Southern District of Indiana, Terre Haute Division. Chief Judge Jane Magnus-Stinson.
Civil. Affirms the dismissal of Dustin Higgs’ petition for habeas relief. Finds that Higgs’ challenge to his firearms convictions under United States v. Davis is not cognizable under 28 U.S.C. § 2241.

Kidnapper who brutalized, ransomed woman gets convictions reduced but sentence stands

January 12, 2021 | Olivia Covington

A man convicted in a violent kidnapping scheme successfully had two of his felony convictions overturned on double jeopardy grounds, though the Indiana Court of Appeals declined on Tuesday to find an abuse of discretion in the consecutive sentences he received.

Summary judgment for cemetery affirmed after parents’ fall

January 12, 2021 | Olivia Covington

A couple injured while visiting their daughter’s grave will not be able to reinstate their negligence action against the cemetery where their daughter is interred after the Indiana Court of Appeals upheld summary judgment for the cemetery.

Law enforcement reform bill easily advances in Indiana House

January 12, 2021 | Lindsey Erdody, Indianapolis Business Journal

A law enforcement reform bill that appears to have wide support from policing agencies and minority groups is advancing to the Indiana House floor. The House Courts and Criminal Code Committee unanimously advanced the measure on Tuesday morning.

Murder, robbery convictions upheld despite contested dying declaration

January 12, 2021 | Olivia Covington

A man sentenced to more than 150 years in prison for murder and robbery convictions could not convince the Indiana Court of Appeals that a contested dying declaration undermined his convictions and required reversal.

Amid FBI warning, state police say they aren’t aware of any planned Statehouse protests

January 12, 2021 | Indianapolis Business Journal Staff and Associated Press

The Indiana State Police told Indianapolis Business Journal Tuesday the agency is not aware of any planned protests at the Statehouse in the coming week, amid a warning from the FBI to law enforcement about plans for armed protests at all 50 state capitols leading up to President-elect Joe Biden’s inauguration Jan. 20.

Columbus police officer arrested for battery, misconduct

January 12, 2021 | Associated Press

A Columbus police officer was arrested Tuesday on felony battery and official misconduct charges for allegedly slugging a suspect who was handcuffed in the back of a patrol vehicle, Indiana State Police said.

Social media crackdown continues after siege of US Capitol

January 12, 2021 | Associated Press

Twitter suspended more than 70,000 accounts associated with the far right QAnon conspiracy and Facebook is removing posts and content fraudulently claiming that the U.S. election was stolen as social media companies scramble to rein in harmful activity ahead of the presidential inauguration on Jan. 20.

Trump takes no responsibility for riot as he heads to Texas

January 12, 2021 | Associated Press

President Donald Trump on Tuesday took no responsibility for his part in fomenting a violent insurrection at the U.S. Capitol last week, despite his comments encouraging supporters to march on the Capitol and praise for them while they were still carrying out the assault. “People thought that what I said was totally appropriate,” Trump said.

Judge halts first US execution of female inmate in 67 years

January 12, 2021 | Associated Press and IL Staff

An Indiana federal judge has halted the U.S. government’s first execution of a female inmate in nearly seven decades, saying a court must first determine whether the Kansas woman who killed an expectant mother, cut the baby from her womb and then tried to pass off the newborn as her own is mentally competent.

Supreme Court rejects fast track for Trump election cases

January 12, 2021 | IL Staff and Associated Press

The United States Supreme Court formally refused Monday to put on a fast track multiple election challenges filed by President Donald Trump and his allies, including one filed by an Indianapolis law firm.

Analysis: Trump abdicating in the job he fought to retain

January 12, 2021 | Associated Press analysis

President Donald Trump’s days in office are numbered. But he’s already stopped doing much of his job. Two months after his election defeat, aides are still struggling to convince him to make an effort to showcase and salvage his achievements in office, with limited success.

 

FBI warns of plans for armed protests at all 50 state capitals

January 11, 2021 | Associated Press

The FBI is warning of plans for armed protests at all 50 state capitals and in Washington in the days leading up to President-elect Joe Biden’s inauguration, stoking fears of more bloodshed after last week’s deadly siege at the U.S. Capitol.

 

11/10 – Civil and Criminal Overlap: Pretrial Publicity and Ethical Issues (webinar)

Part of the Litigation Skills Series Date: Wednesday, November 10, 2021 Time (local time): noon – 1:00 pm Credit hours: 1.0 CLE / 1.0 Ethics Cost: Click here or visit www.indybar.org for program costs Location: Zoom Webinar A Zoom link will be included in your registration confirmation email and resent the day of the program. […]

8/18 – Discovery Disputes (hybrid event – Indianapolis)

Speakers: • Hon. James J. Joven, Marion Superior Court • Sean T. White, Clapp Ferrucci Date: Wednesday, August 18, 2021 Time (local time): noon – 1:00 pm Credit hours: 1.0 CLE Cost: Click here or visit www.indybar.org for program costs Location: in-person: IndyBar HQ, 140 N Illinois St, Indianapolis, IN 46204 live webinar via Zoom […]

4/21 – Pretrial Mediation (webinar)

Part of the Litigation Skills Series Date: Wednesday, April 21, 2021 Time (local time): noon – 1:00 pm Credit hours: 1.0 CLE 1.0 CME Cost: Click here or visit www.indybar.org for program costs Location: Zoom Webinar A Zoom link will be included in your registration confirmation email and resent the day of the program. Provider: […]

3/2 – Pre-Trial Motions and Practice: Winning the Paper Trial (webinar)

Part of the Litigation Skills Series Speakers: Jenai M. Brackett, Frost Brown Todd LLC Patricia O. Erdmann, Office of the Indiana Attorney General Date: Tuesday, March 2, 2021 Time (local time): noon – 1:00 pm Credit hours: 1.0 CLE Cost: Click here or visit www.indybar.org for program costs Location: Zoom Webinar A Zoom link will […]

2/18 – Vaccinations and the Workplace (webinar)

Speakers: Jamie Maddox, Betz + Blevins Brian Mosby, Littler Mendelson PC Date: Thursday, February 18, 2021 Time (local time): noon – 1:00 pm Credit hours: 1.0 CLE Cost: Click here or visit www.indybar.org for program costs Location: Zoom Webinar A Zoom link will be included in your registration confirmation email and resent the day of […]

2/17 – Bloom Where You’re Planted (webinar)

Speakers: Rayann Knepley, Kids’ Voice of Indiana Kate Marshall Wolff, Flynn & Sullivan PC Date: Wednesday, February 17, 2021 Time (local time): noon – 1:00 pm Credit hours: 1.0 CLE Cost: Click here or visit www.indybar.org for program costs Location: Zoom Webinar A Zoom link will be included in your registration confirmation email and resent […]

2/4 – Lawyer Ethics: Handling Evidence (webinar)

Speaker: James J. Bell, Paganelli Law Group Date: Thursday, February 4, 2021 Time (local time): 4:00 pm – 5:00 pm Credit hours: 1.0 CLE / Ethics Cost: Click here or visit www.indybar.org for program costs Location: Zoom Webinar A Zoom link will be included in your registration confirmation email and resent the day of the […]

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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

  • JLAP executive director Harrell retires, IN Supreme Court announces new director

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