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Opinions June 25, 2020

The following 7th Circuit Court of Appeals opinion was posted after IL daily deadline Wednesday.
David L. Day, Jr. v. United States of America
18-2398
Appeal from the U.S. District Court for the Southern District of Indiana, Indianapolis Division
Judge Tanya Walton Pratt
Criminal. Vacates the denial of David Day’s pro se motion for relief from his 92-month sentence under 28 U.S.C § 2255. Rules the U.S. District Court for the Southern District of Indiana erred by denying the motion without an evidentiary hearing to hear Day’s arguments that his private attorneys were constitutionally ineffective for advising him to reject a favorable plea offer. Notes that to have his motion granted, Day will have to show a “reasonable probability” that he would have received a sentence lower than 92 months. Remands for an evidentiary hearing.

7/31 – Indiana Coalition Against Domestic Violence Satellite Attorney Recruitment & Training Program (virtual)

Program: The United States District Court for the Southern District of Indiana will sponsor a virtual training session for attorneys on modest means/pro bono representation of victims of domestic violence in Indiana. The goal of the training program is to increase attorney awareness and participation in the Indiana Coalition Against Domestic Violence’s (ICADV) Satellite Attorney […]

Holcomb announces $25 million in relief for renters

| Associated Press

Indiana will use $25 million in federal relief funding to help Hoosiers struggling to pay rent due to the impact of coronavirus outbreak, Gov. Eric Holcomb announced Wednesday. The governor also extended through July a moratorium on evictions that had been schedule to expire at the end of June.

Opinions June 24, 2020

The following Indiana Supreme Court decision was posted after IL deadline Tuesday.
Brian E. Hardin v. State of Indiana
20S-CR-418
Criminal. Affirms in a 3-2 decision Brian Hardin’s conviction and 22-year aggregate sentence for conviction of possession and dealing methamphetamine and the denial of his motion to suppress evidence found in a search of his truck. The majority — justices Christopher Goff, Mark Massa and Geoffrey Slaughter — find the search was not unreasonable under Litchfield v. State, 824 N.E.2d 356, 361 (Ind. 2005). Justice Steven David and Chief Justice Loretta Rush dissent and would grant the motion to suppress and remand for a new trial in Morgan Circuit Court. Slaughter in a separate concurrence questions the test developed under Litchfield.

In 3-2 ruling, justices affirm car search in warrant for search of home

| Dave Stafford

Indiana’s chief justice and most senior justice dissented Wednesday from a decision upholding the admission of evidence in a drug case collected from a vehicle that arrived at a Camby home at the same time police were inside the house executing a search warrant that was limited to the property. A justice who sided with the majority, however, said the split decision is evidence that key caselaw regarding law enforcement searches and seizures may need to be revisited.