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Split COA affirms for Hamilton Co. Convention Center owner in defamation case

July 16, 2020 | Dave Stafford

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

July 16, 2020 | Associated Press

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

July 16, 2020 | Associated Press

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

July 16, 2020 | 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

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

July 15, 2020 | Katie Stancombe

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

July 15, 2020 | Katie Stancombe

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 

July 15, 2020 | Marilyn Odendahl

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

July 15, 2020 | Katie Stancombe

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

July 15, 2020 | Dave Stafford

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.

Trucker charged with drug use before Indiana crash killed 4

July 15, 2020 | Associated Press

A semitrailer was going 72 mph when it crashed into a car that had slowed for an Indiana highway construction zone, killing four young siblings, authorities said.

Insurers sue Indianapolis Archdiocese over sexual misconduct policy

July 15, 2020 | Mason King, Indianapolis Business Journal

Insurance underwriters have sued the Roman Catholic Archdiocese of Indianapolis, claiming it failed to disclose allegations against a suspended priest on its application for a sexual misconduct liability policy.

Judge halts execution amid claims inmate isn’t mentally fit

July 15, 2020 | Associated Press and IL Staff

A judge on Wednesday halted the execution of a man said to be suffering from dementia, who had been set to die by lethal injection at the federal prison in Terre Haute in the federal government’s second execution after a 17-year hiatus.

Officer’s actions toward Black Indiana senator under review

July 14, 2020 | Associated Press

Indiana State Police are reviewing allegations that a white Capitol Police officer reached for his handgun while confronting a Black state senator inside the Statehouse over the weekend, an agency spokesman said Tuesday.

Trump administration rescinds rule on foreign students

July 14, 2020 | Associated Press

The Trump administration has rescinded a rule that would have required international students to transfer schools or leave the country if their colleges hold classes entirely online this fall because of the coronavirus pandemic.

Opinions July 14, 2020

July 14, 2020

The following 7th Circuit Court of Appeals opinions were posted after IL deadline on Monday:
Raymond Marling v. Richard Brown
19-3077
Appeal from the United States District Court for the Southern District of Indiana, Terre Haute Division. Judge James R. Sweeney II.
Civil. Reverses the Southern District Court’s grant of habeas corpus relief to Raymond Marling, and its conclusion that the state court’s finding against him had been rebutted by clear and convincing evidence. Finds the officer who opened and inventoried the contents of a box found in Marling’s vehicle acted within the scope of discretion granted by General Order 49. Also finds that Marling’s counsel did not violate the Sixth Amendment.

AG Hill pledges support to ‘conservative principles’ after convention defeat

July 14, 2020 | Olivia Covington

In the aftermath of a convention defeat that will keep him from serving a second term in office, Indiana Attorney General Curtis Hill is vowing to “continue to support and fight for our conservative principles.” Hill, however, did not explicitly endorse Republican AG nominee Todd Rokita.

7th Circuit reverses man’s habeas relief over vehicle search

July 14, 2020 | Katie Stancombe

The 7th Circuit Court of Appeals has reversed habeas corpus relief granted to a man in a disputed search case where police opened a locked box full of illegal drugs while executing an arrest warrant.

COA affirms custody modification from mother to father

July 14, 2020 | Katie Stancombe

The Indiana Court of Appeals has affirmed the modification of a Dearborn County mother’s physical and legal custody of her child over to his father, also ruling her relocation claims moot after her request to do so was denied.

Tax fraud sentence affirmed for man who sought ‘legacy trust’ IRS refunds

July 14, 2020 | Dave Stafford

A man who repeatedly sought six-figure tax refunds from the IRS based on sovereign-citizen-style claims lost his appeal of a three-year sentence and an order that he repay nearly $150,000.

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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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