Sentencing set for ex-Whiting mayor over campaign fund misuse
A former northwestern Indiana mayor faces a January sentencing after pleading guilty to charges that he illegally used public campaign donations to cover gambling losses.
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Opinions Nov. 20, 2020
The following Indiana Tax Court opinion was posted after IL Daily deadline Thursday:
Lowe’s Home Centers, Inc. v. Monroe County Assessor
19T-TA-17
Tax. Affirms the Indiana Board of Tax Review’s final determinations establishing the assessed values of Lowe’s Home Centers store in Bloomington for the 2014-2017 tax years. Rejects Lowe’s contention that the Indiana Board erred in rejecting its sales comparison approach and income approach valuations and in excluding the obsolescence depreciation adjustments from its cost approach valuations.
Dozens of district courts suspend jury trials as COVID-19 cases surge
| IL Staff
As a sharp rise in coronavirus cases sweeps the nation, nearly two dozen U.S. district courts – including both in Indiana – have ordered for the suspension of jury trials or grand jury proceedings, federal courts announced.
Judge halts federal execution after lawyers contract virus
A federal judge is temporarily blocking the federal government’s plan to execute the first female death row inmate in almost six decades after her attorneys contracted the coronavirus visiting her in prison.
Tax Court upholds valuation for Bloomington Lowe’s store
Lowe’s Bloomington home center store will continue to be assessed for tax purposes at rates set by the state after the Indiana Tax Court turned back an appeal that sought to significantly cut the final assessment for several years.
Sentence upheld for pharmacy exec convicted of distributing bad drugs
The former owner of a Noblesville compounding pharmacy lost an appeal of his conviction and prison sentence related to the distribution of drugs that contained more or less potency than labeled – in some cases with a potency up to 25 times greater than they should have been.
Holcomb names adviser Jenner first Indiana education secretary
Indiana Gov. Eric Holcomb has tapped his senior education adviser to serve as the state’s first secretary of education, marking the first time in more than a century the state schools superintendent position isn’t decided by voters.
US government executes man convicted of killing Texas teen
Orlando Hall was put to death at the federal prison in Terre Haute for abducting and killing the teenager, Lisa Rene. His was the eighth federal execution this year since the Trump administration revived a process that had been used just three times in the past 56 years.
Trump’s election lawsuits plagued by elementary errors
When President Donald Trump sends lawyers to court, it seems he’s not sending his best. His attorneys have repeatedly made elementary errors in those high-profile cases
Michigan leaders head to DC as Trump bids to subvert election
Two Michigan state legislators headed to the White House on Friday as President Donald Trump made an extraordinary and sure-to-be futile attempt to block Joe Biden’s victory in the battleground state and subvert the results of the 2020 presidential election.
Opinions Nov. 19, 2020
Indiana Court of Appeals
Javan D. Brown v. State of Indiana
20A-CR-125
Criminal. Affirms Javan Brown’s aggregate 6½-year conviction for Level 5 felony reckless homicide and Class A misdemeanor dangerous possession of a firearm. Finds that Brown’s argument that the LaPorte Superior Court erred by excluding his mother from the courtroom fails. Also finds that the trial court did not err by allowing the jury to examine and pull the trigger on the firearm during deliberations. Finds the evidence is sufficient to sustain Brown’s conviction for reckless homicide, and finds both convictions do not constitute double jeopardy. Finds his sentence is not inappropriate and the trial court did not abuse its discretion in sentencing him.
COA: ‘Forcibly’ resisting arrest conviction reversed for insufficient evidence
A Marion County man’s resisting arrest conviction for refusing to remove his hands from his pockets presented legitimate questions about the element of force required for such a crime, the Indiana Court of Appeals observed in a Thursday reversal.
COA affirms juvenile’s reckless homicide, gun possession convictions
The Indiana Court of Appeals has affirmed a LaPorte County juvenile’s sentence and conviction after he admitted to accidentally shooting and killing a friend.
Child porn convictions affirmed over evidence, double jeopardy arguments
An Indianapolis man’s conviction on six counts of possession of child pornography was affirmed Thursday when the Indiana Court of Appeals rejected his claims that the evidence was insufficient and that his convictions violated his constitutional protections against double jeopardy.
Justices permit remote attorney disciplinary proceedings
| IL Staff
Indiana Supreme Court justices in a Wednesday order provided instructions to hearing officers and parties in attorney disciplinary proceedings that have not yet proceeded to final hearing, perhaps most significantly permitting remote proceedings due to the continuing pandemic.
Man dies days after ramming head into Evansville police car
A 20-year-old man has died three days after he rammed his head into an Evansville police car as officers were taking him into custody following a disturbance at a gathering, authorities said.
2 men arrested after fatal shooting of Indiana State student
Police arrested two men in connection with a shooting at an off-campus party in September that killed an 18-year-old Indiana State University student and wounded two other people.
Trump pushes new environmental rollbacks on way out the door
Down to its final weeks, the Trump administration is working to push through dozens of environmental rollbacks that could weaken century-old protections for migratory birds, expand Arctic drilling and hamstring future regulation of public health threats.
Federal inmate who killed Texas teenager set to be executed
The federal government prepared Thursday to execute an inmate at the federal prison in Terre Haute who was condemned for kidnapping and raping a 16-year-old Texas girl, bludgeoning her with a shovel and burying her alive.
Groups say energy recommendations could slow Indiana’s transition away from coal
Seven months after Indiana lawmakers passed a bill prohibiting utilities from shutting down coal-fired power plants before May 2021, a state energy task force is considering a sweeping array of measures that seem to favor existing large-scale utilities, many of which still burn coal, over providers of renewable energy.