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AP sources: White House softens on sending troops to states

June 3, 2020 | Associated Press

After threatening states that he would dispatch the military to quell protests, President Donald Trump appeared to be privately backing off, with White House officials saying the response to demonstrations across the country indicated that local governments should be able to restore order themselves.

Former jailer charged with driving into Kokomo protest

June 3, 2020 | Associated Press

A former correctional officer who drove into a Black Lives Matter protest faces a felony criminal recklessness charge, prosecutors said Tuesday.

Iowa voters oust Rep. Steve King, shunned for insensitive remarks

June 3, 2020 | Associated Press

Republicans in northwest Iowa ousted Rep. Steve King in Tuesday’s primary, deciding they’ve had enough of the conservative lightning rod known for making incendiary comments about immigrants and white supremacy throughout his nearly two decades in Congress.

GOP’s Spartz, Democrat Hale win Indiana’s 5th District bids

June 3, 2020 | Associated Press and Lindsey Erdody, Indianapolis Business Journal and IL Staff

State Sen. Victoria Spartz has won the Republican nomination to replace GOP Rep. Susan Brooks in a central Indiana congressional district that Democrats are targeting for the fall election. Read who won Republican and Democratic primary elections in every congressional district in Indiana.

Opinions June 2, 2020

June 2, 2020

The following 7th Circuit Court of Appeals opinions were posted after IL deadline Monday:
USA v. Carlos Maez, USA v. Matthew Jones, USA v. Cameron Battiste
19-1287, 19-1768, 19-2049
USA v. Maez is an appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Jon DeGuilio.
Criminal. Affirms judgment of the Northern District Court against Carlos Maez in United States v. Maez, 19‐1287. Affirms Matthew Jones’ conviction in United States v. Jones, 19‐1768, vacates his sentence and remands the case to the district court for resentencing. After applying plain‐error review, concludes that the asserted errors do not require reversing any of the convictions, but vacates Jones’ sentence because the district court made a Tapia error. Also affirms Cameron Battiste’s conviction in United States v. Battiste, 19‐2049.

7th Circuit affirms firearms convictions in light of key SCOTUS ruling

June 2, 2020 | Katie Stancombe

In what it called its first precedential decision concerning convictions upon jury verdicts in federal firearms cases after a key US Supreme Court decision, the 7th Circuit Court of Appeals has affirmed the convictions of three men who argued that their indictments and jury instructions were missing an element.

State surpasses 35,000 COVID-19 cases, 2,000 deaths

June 2, 2020 | IL and IBJ Staff

The Indiana State Department of Health on Tuesday said the number of positive cases of COVID-19 in the state has risen to 35,237, following an increase of 407 cases.

Divided 7th Circuit reinstates manufacturing sales commission dispute

June 2, 2020 | Olivia Covington

A divided panel of the 7th Circuit Court of Appeals has reinstated a sales commission dispute, though the dissenting judge would hold that the Northern District of Indiana’s grant of summary judgment was proper.

Interviews to succeed COA Judge Baker moved online

June 2, 2020 | Olivia Covington

After two previous schedule changes, interviews of candidates to fill an upcoming vacancy on the Indiana Court of Appeals will be held remotely next week, a move the courts say will allow the process to move forward while respecting continuing social distancing guidelines.

Vote by mail in today’s election? You can still get a sticker

June 2, 2020 | Associated Press and IL Staff

Indiana’s first election to feature widespread mail-in balloting concludes Tuesday with an in-person primary that was delayed four weeks due to the coronavirus pandemic.

Trump threatens military force against protesters nationwide

June 2, 2020 | Associated Press

Wielding extraordinary federal authority, President Donald Trump threatened the nation’s governors on Monday that he would deploy the military to states if they did not stamp out violent protests over police brutality that have roiled the nation over the past week. His announcement came as police under federal command forced back peaceful demonstrators with tear gas so he could walk to a nearby church and pose with a Bible.

Carmel mayor does about-face, no longer plans to sue Minneapolis to recover security costs

June 2, 2020

Carmel Mayor Jim Brainard is abruptly suspending his plans to sue the city of Minneapolis for the cost of increased security to deal with protests and threats of violence, saying his actions have been misunderstood.

After habeas win, man convicted in IU student’s murder to be freed pending appeal

June 2, 2020 | Olivia Covington

The man convicted nearly 15 years ago in the killing of Indiana University student Jill Behrman will be released from custody later this month after the same judge who granted his request for habeas relief last year also granted his bid for coronavirus-related release.

Indianapolis police, protesters march together; Hogsett extends curfew

June 2, 2020 | Indianapolis Business Journal Staff and Associated Press and IL Staff

Police and protesters negotiated a truce and walked together on Meridian Street on Monday night following a tense standoff that lasted about 30 minutes near the Governor’s Residence on Meridian Street.

Lawyers clean up, grapple with aftermath of weekend violence

June 1, 2020 | Marilyn Odendahl

Lawyers and law firms are assessing the damage and extending offers of aid after weekend protests turned violent in Indianapolis and other cities around the state. The protests and violent outbursts in Indiana and across the country were sparked by outrage over the death of George Floyd after a Minneapolis police office knelt on his neck.

Opinions June 1, 2020

June 1, 2020

7th Circuit Court of Appeals
Logan Owsley v. Mark Gorbett
19-1825
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Richard L. Young.
Civil. Vacates dismissal of Logan Owsley’s federal lawsuit contending that the Bartholomew County Sheriff and his deputies have lost or destroyed evidence that would help his late father’s estate pursue claims against who Logan claims are Cary’s putative murderers. Finds the district court properly recognized that the state court’s decision to retain Lisa Owsley as the estate’s representative is not subject to collateral attack. Finds a first issue on remand to determine is whether an access-to-courts claim can be based on an assertion that the defendants concealed or destroyed evidence that could have been relevant, had suit been filed in state court.

7th Circuit vacates dismissal of son’s federal estate dispute over father’s death

June 1, 2020 | Katie Stancombe

The 7th Circuit Court of Appeals has vacated dismissal of a federal estate lawsuit and remanded a case brought by a Bartholomew County man who claims his father’s wife and her children murdered his father.

Marion County prosecutor: No charges for nonviolent protesters

June 1, 2020 | IL Staff

Nonviolent protesters who were arrested during weekend protests in Indianapolis that turned violent will not be charged, Marion County Prosecutor Ryan Mears announced in a press release Monday.

Supreme Court declines to take Bernie Madoff trustee case

June 1, 2020 | Associated Press

The Supreme Court of the United States is leaving in place a ruling that allows the trustee recovering money for investors in the Bernard Madoff Ponzi scheme to pursue more than $4 billion that went to overseas investors.

New judge for suit seeking to remove AG Hill might come from justices

June 1, 2020 | Dave Stafford

The Marion County clerk — or maybe the Indiana Supreme Court — will have to appoint a new judge to hear a case challenging Indiana Attorney General Curtis Hill’s eligibility to continue to serve in office as he serves his suspension from the practice of law related to accusations of groping and sexual misconduct.

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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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