David reappointed as ex-officio Indiana Bar Foundation board member
| IL Staff
Indiana Supreme Court Justice Steven David has been reappointed as an ex-officio non-voting member of the Indiana Bar Foundation.
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Poll: Nearly all in US back criminal justice reform
Americans overwhelmingly want clear standards on when police officers may use force and consequences for officers who do so excessively, according to a new poll that finds nearly all Americans favor at least some level of change to the nation’s criminal justice system.
Officials halt central Indiana county’s needle exchange
Commissioners in a central Indiana county have failed to extend the county’s needle exchange, halting local efforts to prevent the spread of diseases among intravenous drug users by providing them with clean needles.
Biden campaign commits to 3 debates, one in Indiana
Joe Biden’s campaign said Monday that the presumptive Democratic nominee would commit to participating in three debates, including one in Indiana, and slammed a push by President Trump’s advisers for an additional debate as an “effort to change the subject.”
Trump administration extends visa ban to non-immigrants
The Trump administration on Monday extended a ban on green cards issued outside the United States until the end of the year and added many temporary work visas to the freeze, including those used heavily by technology companies and multinational corporations.
Opinions June 22, 2020
The following 7th Circuit Court opinion was posted after IL Deadline on Friday.
USA v. Jerry J. Jones
19-1644
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Richard Young.
Criminal. Vacates Jerry Jones’ revised 840-month sentence for conviction of two carjackings, an armed bank robbery, and using firearms during those crimes of violence. Finds that the U.S. District Court for the Southern District of Indiana did not sufficiently justify the extent of its deviation from Jones’ effective guidelines range of 348–390 months. Remands for resentencing.
7th Circuit orders resentencing in career offender’s bank robbery, carjacking
A man convicted of armed robbery will again have his sentence reconsidered after the 7th Circuit Court of Appeals found a district court failed to sufficiently justify why it deviated from his sentencing guideline range by more than 37 years.
COA affirms driver waived claims of error in car accident case
The Indiana Court of Appeals has affirmed a jury’s verdict in a car accident dispute, finding the driver determined most at fault has waived his claims of error.
Battery convictions sustained for man who burned child
A man convicted of burning his girlfriend’s child could not convince the Indiana Court of Appeals on Monday that his several convictions of battery subjected him to double jeopardy.
Supreme Court rules SEC can recoup money in fraud cases
The Supreme Court on Monday preserved an important tool used by securities regulators to recoup ill-gotten gains in fraud cases.
Prosecutor: South Bend 1-year-old fatally shot by 4-year-old
A young child who was fatally shot in South Bend was struck after the accidental discharge of a gun by a 4-year-old sibling, prosecutors said Friday.
Under Trump, ‘You’re fired!’ even greets federal prosecutors
Former Manhattan U.S. Attorney Preet Bharara had a snickering response to news that his successor as top federal prosecutor was “stepping down” from the job. “Doesn’t sound like ‘stepping down,’” Bharara tweeted soon after the announcement was made Friday night that Geoffrey S. Berman was out.
COVID-19 relief in Indiana appellate courts extended
| IL Staff
Relief from deadlines in court cases affected by the coronavirus pandemic has been extended by a joint order of the Indiana Supreme Court and the Indiana Court of Appeals issued Friday.
Feds award 4 Indiana groups $141K for counseling on housing
A federal agency has awarded four Indiana groups a combined $141,000 for counseling to help individuals and families avoid foreclosure and make better home-buying and rental choices.
Indy Lawyers for Black Lives’ ‘call to action’ brings solidarity
Eyes and ears of those gathered on the Indiana University Robert H. McKinney School of Law lawn Friday were trained on members of the Indianapolis legal community calling for action to push for racial equality.
Opinions June 19, 2020
Indiana Court of Appeals
Reanna Lopez-Smith v. State of Indiana (mem. dec.)
19A-CR-3018
Criminal. Affirms Reanna Lopez-Smith’s convictions in Marion Superior Court of Class A misdemeanor resisting law enforcement and Class B misdemeanor disorderly conduct. The state presented sufficient evidence to negate her affirmative defense of protected political speech.
Judge reduces jury damages award for doctor in defamation case
A doctor will have to settle for just $3.5 million in damages rather than the $4.75 million a Marion Superior jury awarded after a judge on Friday reduced the jury’s award in a defamation case brought against a Carmel hospital after the doctor was falsely accused of drinking on the job.
IU to review names of buildings, structures at all campuses
Indiana University plans to review the names of all buildings and structures across its nine-campus system following the school’s decision to rename an intramural center that once honored a segregationist after its first black basketball player.
7th Circuit removes East Chicago lead pollution case to federal court
Companies sued by residents who claim their former housing complex in East Chicago was polluted by toxins including lead and arsenic prevailed in their bid to have the case heard in federal rather than state court. In doing so, the 7th Circuit Court of Appeals also eased the standard for when a defendant may assert a defense of acting under federal authority.
AG candidates make final pleas to GOP delegates
The crowded field of lawyers seeking the Indiana GOP nomination for attorney general will soon be narrowed to one as the four candidates make their final pleas for support from the state’s Republican delegates. The field includes embattled AG Curtis Hill, Decatur County Prosecutor Nate Hater, former Rep. Todd Rokita and Bose McKinney & Evans attorney John Westercamp.