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Opinions March 12, 2021

March 12, 2021

The following 7th Circuit Court of Appeals opinions were posted after IL deadline Thursday:
USA v. Rita Law
19-2345
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Judge Joseph S. Van Bokkelen.
Criminal. Affirms Rita Law’s conviction of four sex trafficking-related counts and 360-month sentence, finding no errors by the district court in the admission or sufficiency of the evidence or the imposition of sentence.

7th Circuit upholds Elkhart man’s attempted murder conviction

March 12, 2021 | Dave Stafford

A man who nearly 15 years ago shot two friends — one fatally — could not persuade the 7th Circuit Court of Appeals to reverse his attempted murder conviction and 45-year sentence in a retrial. The man was found not guilty of murder at his first trial and the first jury deadlocked on the attempted murder charge.

Woman’s 30-year federal sex trafficking sentence upheld on appeal

March 12, 2021 | Dave Stafford

A northwestern Indiana woman who operated three massage spas and was convicted of sex trafficking in a case a federal court called “a modern form of slavery” lost an appeal of her conviction and 30-year sentence Thursday.

Holcomb administration disagrees with lawmakers on how to handle emergency powers

March 12, 2021 | Lindsey Erdody, Indianapolis Business Journal

Indiana lawmakers on Thursday listened to four hours of testimony on how the governor’s powers should — or should not — be restricted during public emergencies and whether or not the approach they are taking is constitutional.

AG Garland vows return to ‘normal’ Justice Dept. on first day

March 12, 2021 | Associated Press

Taking the reins at the Justice Department, Attorney General Merrick Garland sought Thursday to assure career staffers that he would prioritize restoring the department’s reputation for political independence and ensuring equal justice after a tumultuous four years under former President Donald Trump.

Judge: CDC exceeded authority in issuing eviction moratorium

March 12, 2021 | Associated Press

A federal judge in Ohio has ruled that the U.S. Centers for Disease Control and Prevention lacked the authority to issue a nationwide moratorium on rental evictions, the second such ruling issued by a federal judge in two weeks.

Biden aims for quicker shots, ‘independence from this virus’

March 12, 2021 | Associated Press

One year after the nation was brought to a near-standstill by the coronavirus, President Joe Biden pledged in his first prime-time address to make all adults eligible for vaccines by May 1 and raised the possibility of beginning to “mark our independence from this virus” by the Fourth of July. He offered Americans fresh hope and appealed anew for their help.

Justices call off arguments over Medicaid work requirements

March 11, 2021 | Associated Press

The United States Supreme Court said Thursday it has called off upcoming arguments over a Trump administration plan to remake Medicaid by requiring recipients to work, agreeing to a request from the Biden administration.

Opinions March 11, 2021

March 11, 2021

The following 7th Circuit Court of Appeals opinion was posted after IL Deadline Wednesday:
Kevin Pack v. Middlebury Community Schools
20-1912
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Damon R. Leichty.
Civil. Affirms summary judgment for Middlebury Community Schools in fired teacher Kevin Pack’s lawsuit alleging the schools violated a confidentiality agreement entered into to settle his prior suit over his termination. Finds that even accepting the facts in the light most favorable to Pack, MCS in entitled to judgment as a matter of law.

 

Appellate panel reverses, reinstates grandson’s will contest

March 11, 2021 | Olivia Covington

A will contest between a man’s daughter and his grandson will continue in Huntington Circuit Court after the Indiana Court of Appeals determined the trial court erred in granting summary judgment to the daughter.

AG Rokita continuing business advisory roles

March 11, 2021 | Associated Press

Indiana’s new attorney general is being paid by private businesses for consulting work, including $25,000 a year for advising a Connecticut-based pharmaceutical company, according to a newspaper report.

Fired atheist teacher loses appeal alleging school broke confidentiality

March 11, 2021 | Dave Stafford

A middle-school German teacher who settled a lawsuit claiming he was fired because he was an atheist failed to prove Middlebury Community Schools violated confidentiality terms of the settlement, the 7th Circuit Court of Appeals ruled Thursday.

Police fatally shoot Indiana man after pursuit, shots fired

March 11, 2021 | Associated Press

Police fatally shot a central Indiana man after he allegedly fled from officers and fired at them, leading to an hours-long standoff that ended when he was shot as he picked up a rifle.

In 3-2 split, justices deny woman’s self-defense claim in murder

March 11, 2021 | IL Staff

An Indianapolis woman who was convicted of murder after her manslaughter plea was rejected when she claimed self-defense could not persuade a majority of the Indiana Supreme Court last week to hear her appeal.

Judge OKs 3rd-degree murder charge for ex-cop in George Floyd death

March 11, 2021 | Associated Press

A judge on Thursday granted prosecutors’ request to add a third-degree murder charge against a former Minneapolis police officer charged in George Floyd’s death, a move that offers jurors an additional option for conviction and finally resolves an issue that might have delayed his trial for months.

Indiana expanding COVID-19 vaccinations to teachers

March 11, 2021 | Associated Press

Teachers and other school employees will be able to get COVID-19 vaccinations through Indiana’s shot clinics across the state starting next week.

Restaurants are big beneficiaries of COVID-19 relief bill

March 11, 2021 | Associated Press

Restaurants devastated by the coronavirus outbreak are getting a lifeline from the pandemic relief package that’s awaiting President Joe Biden’s signature.

Senate confirms Merrick Garland to be U.S. attorney general

March 10, 2021 | Associated Press and IL Staff

The Senate confirmed Merrick Garland on Wednesday to be the next U.S. attorney general with a strong bipartisan vote, placing the widely respected, veteran judge in the post as President Joe Biden has vowed to restore the Justice Department’s reputation for independence.

Opinions March 10, 2021

March 10, 2021

The following 7th Circuit Court of Appeals opinions were posted after IL deadline Tuesday:
Owner-Operator Independent Drivers Association, Inc., et al. v. Eric Holcomb, Governor of Indiana, et al.
20-1445
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Richard L. Young.
Civil. Affirms the dismissal of a complaint brought by owner-operators of heavy trucks challenging the increase in tolls on the Indiana Toll Road, finding the toll increase was not discriminatory in violation of the Commerce Clause.

7th Circuit: Higher tolls on Indiana Toll Road not discriminatory 

March 10, 2021 | Marilyn Odendahl

Truckers were unable to swerve around the higher fees charged on the Indiana Toll Road after the 7th Circuit Court of Appeals blocked their argument that the increased rates violated the Commerce Clause. The appellate court upheld dismissal of the lawsuit.

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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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