Dreyer: Judge John Baker — A ‘listening’ kind of justice
As his judging life comes to a crossroads, Judge John Baker sees similarities between his first days in small claims court and his last days now on the Court of Appeals.
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IndyBar: Creating a Financial Plan to Get Through a Market Recession
With the choose-your-own apocalypse nature of today’s new cycle, it’s hard for young attorneys to prioritize financial health. To that end, James Munder of Northwestern Mutual gave a great presentation last month on creating a financial plan to get through a market recession.
Councilman who called Black Lives Matter protesters ‘uneducated’ resigns
A northeastern Indiana county councilman has resigned days after he sparked outage by saying during a council meeting that Black Lives Matter protesters were “uneducated” and lamented that they “breed.”
Ex-Valpo student gets probation for filming students showering
A former Valparaiso University student has been sentenced to probation after pleading guilty to secretly filming male classmates showering and using the bathroom and posting the videos online.
Opinions June 23, 2020
The following 7th Circuit Court of Appeals opinion was posted after IL deadline Monday.
Tyrus McNair v. USA
18-2541
Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Judge William Lee.
Civil. Affirms the Northern District Court’s denial of Tyrus McNair’s request for resentencing. Finds that McNair did not act diligently in making his request for relief.
Sharply divided Supreme Court sides with smartphone owner in self-incrimination case
A harshly split Indiana Supreme Court has ruled 3-2 in favor of a woman who was found in contempt for refusing to unlock her smart phone in a criminal investigation. A majority of the high court reversed the contempt order, holding in a landmark ruling that forcing her to unlock her iPhone would violate her Fifth Amendment right against self-incrimination.
7th Circuit rejects sentence appeal as ‘way short of due diligence’
The 7th Circuit Court of Appeals has affirmed the denial of a man’s claim that he is entitled to resentencing, concluding that his request was much too late.
Second round of interviews announced for coming COA vacancy
| IL Staff
Seven semifinalists vying for the Indiana Court of Appeals judicial vacancy left by retiring Judge John Baker will be interviewed in person by the Judicial Nominating Commission on July 1. The interviews come after 13 applicants were interviewed remotely earlier this month.
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.
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.