Indiana’s virus testing falling short on sites, results
Indiana’s state-sponsored coronavirus testing program has not been meeting the levels of testing or the speed of results that were touted when it was started in May.
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Investigators list potential crimes in Monroe Co. assault case
State investigators identified six potential crimes Thursday in an incident report concerning the reported assault on a Black man at a southern Indiana lake.
Iowa drug kingpin who killed 5 set for execution Friday
A meth kingpin from Iowa who killed five people, including two young girls, is scheduled Friday to become the third federal inmate to be executed this week, following a 17-year pause in federal executions.
Bosma stepping down early, after 34 years as state lawmaker
Former Indiana House Speaker Brian Bosma said he plans to leave the Legislature at the end of the month — five months before his term expires.
Opinions July 16, 2020
The following 7th Circuit Court of Appeals opinions were posted after IL deadline on Wednesday:
Leif Hinterberger, et al. v. City of Indianapolis
19-3365
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Senior Judge Sarah Evans Barker.
Civil. Affirms the rejection of Leif Hinterberger’s statement of facts for violation the district court’s rulings governing summary judgment practice, and the entry of summary judgment against Hinterberger. Finds the district court did not abuse its discretion in striking Hinterberger’s statement because it did not comply with Local Rule 56-1, nor did it err in entering summary judgment against him on each of his claims.
7th Circuit upholds dismissal of Indiana Harbor rail lease litigation
A lease dispute between the majority and minority owners of Chicago-area rail switch carrier Indiana Harbor Belt Railroad was properly dismissed, the 7th Circuit Court of Appeals ruled Thursday.
Syringe conviction upheld for man found face down outside casino
The Indiana Court of Appeals has affirmed a man’s conviction of unlawful syringe possession after finding sufficient evidence to support it. The court also rejected his argument that the state failed to prove he was non-Indian.
Reversal: COA orders jury trial for man who did not knowingly waive right
A Pulaski County man will now have a jury trial after the Indiana Court of Appeals reversed his driving-related convictions Thursday, finding he did not knowingly waive his right to a jury trial.
Man’s suit to save house from demolition untimely, appeals court affirms
A Huntington man who sued the city in an effort to block the demolition of his dilapidated property went to court too late, the Indiana Court of Appeals ruled Thursday in upholding the dismissal of his lawsuit.
‘Antilawyering’ means court defeat for would-be Indy developer, 7th Circuit affirms
Failure to follow local court rules led to defeat for a would-be developer suing the city of Indianapolis, an outcome upheld Wednesday by the 7th Circuit Court of Appeals.
Split COA affirms for Hamilton Co. Convention Center owner in defamation case
Judgment for the Hamilton County Convention Center’s owner was upheld by a divided appeals panel Thursday in a former employee’s defamation suit. It’s the latest chapter in a long-running litigation saga involving cross-claims of unpaid wages and employee theft.
Justice Ruth Bader Ginsburg released from hospital
The Supreme Court said Wednesday that Justice Ruth Bader Ginsburg was discharged from a hospital after being treated for a possible infection. A court spokeswoman said in an emailed statement that the 87-year-old Ginsburg was “home and doing well.”
Holcomb extends coronavirus limits as cases grow
Indiana’s current limits on crowd sizes for restaurants, bars and public events will remain in place until at least the end of July as the state faces a growing number of coronavirus cases and hospitalizations, Gov. Eric Holcomb said Wednesday.
US executes 2nd man in a week; lawyers said he had dementia
| Associated Press and IL Staff
The United States on Thursday carried out its second federal execution this week, killing by lethal injection at the federal prison in Terre Haute a Kansas man whose lawyers contended he had dementia and was unfit to be executed.
Opinions July 15, 2020
The following 7th Circuit Court of Appeals opinion was posted after IL deadline on Tuesday.
USA v. Nehemiah Felders
19-2867
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Robert L. Miller, Jr.
Criminal. Affirms, per curiam, a jury’s conviction of Nehemiah Felders for unlawful possession of a firearm and his 96-month sentence. Finds the record is silent about what was on the card a police officer read to Felders, of which the officer asserted was Felder’s Miranda warnings. Finds that on a silent record Felders cannot show that any error occurred — not when the warnings were read, not in the district court.
7th Circuit affirms conviction in Miranda warning dispute
The 7th Circuit Court of Appeals has affirmed a man’s conviction, rejecting his argument that the record doesn’t show that the statements read to him from a card produced by police satisfy his Miranda warnings.
CHINS finding reversed; mother’s marijuana use alone insufficient
The Indiana Court of Appeals has reversed a child in need of services finding after concluding that the child’s mother, while admitting to using marijuana, was not proven to have used it in the child’s presence or seriously endangered the child as a result.
Evansville bench, bar backing words on racial injustice with actions
The Evansville Bar Association has put forward a detailed plan to address the problems of racial inequality and injustice by not only educating local legal professionals but also fostering a conversation within the larger community.
Split COA reverses award of stock following divorce mediation
A woman who was awarded half of a $122,000 stock account held by her former husband after the couple entered into a mediated divorce settlement agreement that didn’t mention the account was stripped of that share of the stock account on appeal Wednesday. However, a dissenting judge would have affirmed the grant of money to the ex-wife.
NCAA loses appeal seeking insurance against student-athletes’ suit
The Indianapolis-based NCAA cannot rely on insurance coverage in a lawsuit brought by student athletes seeking upwards of $1 billion based on antitrust claims challenging caps on compensation for football and basketball players.