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Opinions Dec. 16, 2020

December 16, 2020

Indiana Court of Appeals
Nathan C. Albrecht v. State of Indiana
20A-CR-945
Criminal. Affirms the denial of Nathan Albrecht’s motion to suppress evidence found that led to the state of Indiana filing 10 counts of child pornography against him. Finds that the issuing judge had a substantial basis for finding that probable cause existed for the second search warrant and that the second search warrant was particularized in terms of the items to be seized and in terms of the scope of the search to be performed.

COA affirms denial of motion to suppress in child porn case

December 16, 2020 | Katie Stancombe

The Indiana Court of Appeals has affirmed the denial of a Dubois County man’s second motion to suppress evidence found on a hard drive he owned that tied him to charges of child pornography.

COA affirms commitment for woman with anorexia

December 16, 2020 | Katie Stancombe

The Indiana Court of Appeals has affirmed the commitment of a woman diagnosed with the eating disorder anorexia nervosa, finding sufficient evidence that she was both mentally ill and gravely disabled.

3 finalists named to replace retiring Marion Superior Judge Borges

December 16, 2020 | IL Staff

The names of three nominees vying to fill an upcoming Marion County judicial vacancy — two magistrate judges and a deputy prosecutor — have been announced.

Feds seek 15-month prison term for former Whiting mayor

December 16, 2020 | Associated Press

Federal prosecutors are recommending a 15-month prison sentence for the former mayor of Whiting, who pleaded guilty to fraud and a tax crime.

Indiana man fleeing cops dies after being shot with Taser

December 16, 2020 | Associated Press

A man wanted in a stolen car investigation hit his head and died Tuesday after police shot him with a Taser, authorities said.

Pence lauds vaccine effort during stop at Bloomington plant

December 16, 2020 | Associated Press

Vice President Mike Pence said Tuesday that he’s looking forward to getting vaccinated for COVID-19 and that he expects to receive his first dose in the next few days.

Justices order review of Colorado, New Jersey worship limits

December 16, 2020 | Associated Press

The Supreme Court on Tuesday ordered lower federal courts in Colorado and New Jersey to reexamine state restrictions on indoor religious services to combat the coronavirus in light of the justices’ recent ruling in favor of churches and synagogues in New York.

Trump asking about special prosecutor for Hunter Biden

December 16, 2020 | Associated Press

President Donald Trump is considering pushing to have a special counsel appointed to advance a federal tax investigation into the son of President-elect Joe Biden, setting up a potential showdown with incoming acting attorney general Jeffrey Rosen.

Obama-era DACA program faces new court challenge

December 16, 2020 | Associated Press

A federal court next week is expected to consider whether to invalidate a program that shields from deportation immigrants brought to the United States as children, potentially creating complications for the incoming administration of President-elect Joe Biden.

Kirsch confirmed to 7th Circuit

December 16, 2020 | Marilyn Odendahl

Thomas Kirsch II has been confirmed to the 7th Circuit Court of Appeals on a 51-44 vote in the U.S. Senate. Kirsch succeeds Amy Coney Barrett after her confirmation to the United States Supreme Court.

Opinions Dec. 15, 2020

December 15, 2020

7th Circuit Court of Appeals
Linda Gunn and Christopher Gunn v. Thrasher, Buschmann & Voelkel, P.C.
19-3514
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Jane Magnus Stinson.
Civil. Vacates the Indiana Southern District Court’s judgment dismissing a complaint brought by Linda and Christopher Gunn and remands the case with instructions to dismiss for want of subject matter jurisdiction. Finds that the Gunns do not contend that the contested sentence in the defendant’s dunning letter caused them any concrete harm.

ACLU, advocacy groups call for equitable COVID-19 vaccination plan

December 15, 2020 | Marilyn Odendahl

The ACLU of Indiana, joined by several community organizations, is calling on Gov. Eric Holcomb to prioritize the distribution of the COVID-19 vaccine for Hoosiers who have been disproportionately impacted by the coronavirus, including those who are incarcerated and are minorities.

Men convicted in 70s-themed armed robberies lose resentencing appeal

December 15, 2020 | Katie Stancombe

Two men who committed a string of armed robberies in 2015 while donning 1970s-themed disguises could not convince the 7th Circuit Court of Appeals that their new sentences should be reversed.

7th Circuit vacates judgment, dismisses HOA debt dispute

December 15, 2020 | Katie Stancombe

The 7th Circuit Court of Appeals has tossed a dispute over unpaid homeowners’ association fees, finding that a letter sent to a couple who owed thousands to their HOA did not cause them any concrete harm.

Justices split in Bloomington’s favor in annexation dispute with Holcomb

December 15, 2020 | Katie Stancombe

A divided Indiana Supreme Court on Tuesday ruled in favor of the city of Bloomington, upholding a ruling against the Indiana governor and striking down “special legislation” targeting the city’s annexation efforts. Dissenting justices, however, warned that the majority’s holding “erodes separation of powers.”

Murder suspect fled through van window at Gary McDonald’s

December 15, 2020 | Associated Press

A man charged with murder escaped by jumping through an open window in a transport van while it was stopped at a McDonald’s, Lake County Sheriff Oscar Martinez Jr. said.

Indiana gets COVID-19 vaccine, health workers top priority

December 15, 2020 | Associated Press

Indiana’s first doses of Pfizer’s COVID-19 vaccine arrived Monday and several workers at a Fort Wayne hospital became the first in the state administered the shots to protect them from the coronavirus, state health officials said.

Trump says Barr resigning, will leave before Christmas

December 15, 2020 | Associated Press

Attorney General William Barr, one of President Donald Trump’s staunchest allies, is departing amid lingering tension over the president’s claims of election fraud and the investigation into President-elect Joe Biden’s son.

Electoral College makes it official: Biden won, Trump lost

December 15, 2020 | Associated Press and IL Staff

The Electoral College has confirmed Joe Biden as the nation’s next president, ratifying his November victory over President Donald Trump.

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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
  • Indianapolis attorney suspended for charging, collecting unreasonable fee 

  • 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

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