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The Trump administration has rescinded a rule that would have required international students to transfer schools or leave the country if their colleges hold classes entirely online this fall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

Executed man’s defense team blasts ‘shameful’ process

July 14, 2020 | IL Staff

The defense team for a man executed in Terre Haute on Tuesday morning in the first federal death sentence carried out in nearly two decades blasted what they called a “shameful” middle-of-the-night process that they contend should awaken public outrage.

More Indiana cities mandating masks as virus illnesses grow

July 14, 2020 | Associated Press

More Indiana cities have decided to impose mask mandates as health officials reported Monday the state’s most hospitalizations of people with coronavirus-related illnesses in nearly a month.

Attorney: Monroe County hate crime allegation is ‘smear campaign’

July 14, 2020

An attorney for two people accused of being involved in a reported assault on a Black man at a southern Indiana lake said Monday his clients are victims of a “smear campaign” and a “rush to judgment.”

US carries out first federal execution in nearly 2 decades

July 14, 2020 | Associated Press and IL Staff

The U.S. government on Tuesday carried out the first federal execution in almost two decades, putting to death a man who killed an Arkansas family in a 1990s in a plot to build a whites-only nation in the Pacific Northwest. The execution came over the objection of the victims’ family.

Semi driver in I-465 crash that killed mom, twin toddlers gets 9 years

July 13, 2020 | IL Staff

Nearly one year after the fatal crash that claimed the lives of a mother and her twin toddlers, the semi driver who earlier this year pleaded guilty but mentally ill in the incident has been sentenced to nine years in the Indiana Department of Correction.

Disciplinary commission warns of social media slip-ups that can violate rules

July 13, 2020 | IL Staff

Lawyers must proactively police and amend their social media pages to ensure third-party comments don’t break ethical rules, a new advisory opinion from the Indiana Supreme Court Disciplinary Commission says.

Taxpayer loses appeal of class-action denial against LaPorte County

July 13, 2020 | Dave Stafford

A taxpayer lost his bid to be the lead plaintiff in a proposed class-action over allegedly unpaid interest due to people who received refunds because they had overpaid their property tax bills.

Opinions July 13, 2020

July 13, 2020

The following 7th Circuit Court opinions were posted after IL Deadline Friday and Sunday:
Earlene Branch Peterson v. William P. Barr
20-2252
Appeal from the United States District Court for the Southern District of Indiana, Terre Haute Division. Chief Judge Jane Magnus-Stinson.
Civil. Vacates the preliminary injunction issued by the Southern District Court halting the federal execution of Daniel Lee. Finds the plaintiffs’ APA claim lacks any arguable legal basis and is therefore frivolous. Also finds section 16-90-502(e)(1) of the Arkansas Code is irrelevant to the case at hand and that the district court judge was wrong to insert it into the case.

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In This Issue

  • Indiana State Bar Association leads new program to support rural attorneys

  • UPDATE: Senate set to vote on heavily amended immigration bill

  • Midwest firm accuses former partners of orchestrating mass staff exodus

Most Read
  • Firing squad, gas execution methods move out of Indiana House committee

  • House committee advances bill redefining hemp, putting Indiana on path to more restrictions

  • New habeas corpus strategy is freeing some immigrant detainees

  • Midwest firm accuses former partners of orchestrating mass staff exodus

  • Widow of Delaware County sheriff’s deputy files wrongful death lawsuit against trucking companies, drivers involved in fatal crash 

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