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Opinions July 7, 2020
7th Circuit Court of Appeals
Monwell Douglas v. Faith Reeves
18‐2588
Appeal from the United States District Court for the Southern District of Indiana, Terre Haute Division.
Chief Judge Jane Magnus-Stinson.
Civil. Affirms the Indiana Southern District Court’s grant of summary judgment to Faith Reeves against Monwell Douglas, an Indiana prisoner who claimed Reeves retaliated against him for activity protected by the First Amendment. Finds no reasonable jury could conclude that Reeves inflicted deprivations on Douglas likely to deter a person of ordinary firmness from engaging in First Amendment activity.
7th Circuit: Caseworker didn’t retaliate against prisoner
An Indiana prisoner whose discipline conviction was overturned for lack of evidence did not persuade the 7th Circuit Court of Appeals that his case manager later retaliated against him for activity protected by the First Amendment.
7th Circuit affirms drug conspiracy conviction
A man convicted in a drug conspiracy could not convince the 7th Circuit Court of Appeals that he pleaded guilty to a lesser amount than what the government indicted him for.
COA affirms godmother’s conviction for assisting teen after murder
The Indiana Court of Appeals has affirmed a northern Indiana woman’s felony conviction for assisting her godson after he murdered his teenage girlfriend, finding she did so with the intent to hinder his punishment.
Justices reduce meth dealing sentence in split opinion
A divided Indiana Supreme Court has sided with an appellate judge’s dissent in a drug dealing case, lowering a woman’s decades-long sentence pursuant to Appellate Rule 7(B).
Supreme Court upholds cellphone robocall ban
The Supreme Court on Monday upheld a 1991 law that bars robocalls to cellphones. Six justices agreed that by allowing debt collection calls to cellphones, Congress “impermissibly favored debt-collection speech over political and other speech, in violation of the First Amendment.”
Police say Muncie man had fake gun when killed by officers
Muncie police officers fatally shot a man who pointed a BB gun resembling a handgun at them, Indiana State Police said. The confrontation happened about 2 a.m. Sunday after the officers responded to a call to check on a possibly suicidal man on the city’s south side.
Indiana GOP AG candidates speak out before ballots come in
Indiana’s Republican delegates are casting ballots as the time nears to select who will run for state attorney general in November.
Protesters back Carmel pastor who called activists maggots
Supporters of an Indiana minister who was suspended for calling organizers of the Black Lives Matter movement “maggots and parasites” walked out of a service and shouted at a bishop who ended his remarks with the words, “Black lives matter.”
Muncie woman pleads guilty in death of 3-month-old daughter
A central Indiana woman pleaded guilty Monday in the death of her 3-month-old daughter who had broken bones and burns and didn’t get medical care.
Indiana officials investigate report of assault on Black man
A Black man says a group of white men assaulted him and threatened to “get a noose” after claiming that he and his friends had trespassed on private property as they gathered at an Indiana lake over the Fourth of July weekend.
7/29 – FHCCI 8th Annual Fair Housing Conference (virtual)
Fair Housing Center of Central Indiana 8th Annual Fair Housing Conference This year’s conference theme is Turning the Dream of Fair Housing Into Reality. Click to see full agenda and speakers. Date: Wednesday, July 29, 2020 Time (Indianapolis time): 9:00 am – 4:30 pm EDT Credit hours: 5.0 CLE Cost: $55 Click here to register. […]
Opinions July 6, 2020
Indiana Court of Appeals
Robert Shorter v. State of Indiana
19A-CR-2904
Criminal. Affirms Robert Shorter’s convictions for Level 2 felony dealing in methamphetamine, Level 3 felony dealing in a narcotic drug, Level 3 felony conspiracy to commit dealing in a narcotic drug and Level 3 felony aiding, inducing or causing dealing in methamphetamine. Finds that the evidence was sufficient to support the convictions. Also finds no error in the admission of evidence that would violate the Fourth Amendment or Article 1, Section 11 of the Indiana Constitution. Judge Rudolph Pyle dissents with separate opinion.
Southern Indiana District included in request for more judges
| IL Staff
The Judicial Conference of the United States is again pleading with Congress to add 65 new judgeships in 24 district courts across the country, including two permanent new judges in the Southern Indiana District Court.
Split COA affirms drug dealing convictions in warrantless search, arrest dispute
A divided appellate court has affirmed a man’s drug dealing and conspiracy convictions despite disagreement among the panel as to whether admitted evidence found during a warrantless arrest should have been excluded.
Appeals court corrects factual error but otherwise denies inmates’ rehearing request
An appellate panel has granted a man’s petition for rehearing, but only to correct a factual error it made in its original decision in his case.
Terre Haute firm loses fees appeal against former Illinois Congressman
A Terre Haute law firm is owed no additional money from one of its former clients, the Indiana Court of Appeals ruled Monday in an attorney fees lawsuit involving former Illinois Congressman Aaron Schock and his campaign committee.
7th Circuit temporarily stays federal execution set for next week
The 7th Circuit Court of Appeals has temporarily stayed an execution scheduled for next week after finding that two issues raised by a Terre Haute inmate were “worthy of further exploration.” Wesley Ira Purkey’s execution was scheduled for July 15, but now it will be stayed “pending the completion of proceedings in the Seventh Circuit.”
Justices rule states can bind presidential electors’ votes
The Supreme Court ruled unanimously Monday that states can require presidential electors to back their states’ popular vote winner in the Electoral College. The ruling, just under four months before the 2020 election, leaves in place laws in 32 states and the District of Columbia that bind electors to vote for the popular-vote winner, and […]