Indiana reports second death from COVID-19
A Johnson County patient who had been hospitalized has died from COVID-19. It is the second death in Indiana.
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Opinions March 16, 2020
The following 7th Circuit Court of Appeals opinion was posted after IL deadline on Friday.
USA v. Sheila Geary
19-2299
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Judge Joseph S. Van Bokkelen.
Criminal. Affirms Sheila Geary’s 57-month prison sentence and five years of supervised release for a child pornography conviction, as well as an order that she pay $55,600 in restitution jointly and severally with her husband, David Geary. Finds no clear error in the district court’s factual findings that Sheila was a but-for cause of a child’s abuse. Also finds the inclusion of the restitution amount in Sheila’s PSR was sufficient notice to her that David’s restitution amount would be used in her sentencing. Thus, finds no error in relying on the calculation from David’s sentencing to determine the amount of restitution that Sheila would owe.
Justices to hear arguments in stoplight outage crash suit against IPL
Oral arguments in a negligence case brought by a family severely injured in a crash in a traffic intersection after a 2016 storm will be heard by Indiana Supreme Court justices this week. Per an order issued Monday, attendance at the argument will be limited to parties and counsel, but the argument may be viewed online.
Pagano appointed judge pro tem in Lake Superior Court
| IL Staff
Lake Superior Court Judge Clarence Murray will temporarily step down from his seat on the bench after informing the court that he would be unable to perform the duties of his office due to health reasons.
7th Circuit: Mother’s sentence, restitution order affirmed in child porn case
A Hammond woman convicted for possession of child porn will keep her enhanced sentence and restitution order after the 7th Circuit Court of Appeals affirmed the rulings in her case Friday.
Lawmakers OK bill cementing landmark Lake Michigan ruling
| Associated Press and IL Staff
Indiana lawmakers have passed legislation to embrace a landmark state Supreme Court decision affirming that the Lake Michigan shoreline is publicly owned and open to all for recreation.
Indiana legislators pass bill seeking to deregulate wetlands
Indiana’s protections for certain wetlands would end under legislation state lawmakers approved in the waning hours of their session, even though the state’s own environmental agency joined environmentalists in opposing the measure.
Tougher Indiana law on under-18 marriages clears Statehouse
Anyone younger than 18 will need a judge’s permission to get married in Indiana under a law change approved by state legislators. The measure endorsed almost unanimously by lawmakers would repeal the state’s current law that allows those as young as 15 to marry if they have parental consent.
3 Muncie officers indicted in federal excessive force cases
Three Muncie police officers have been charged in connection with the use of excessive force during arrests and attempts to cover it up.
Man gets 50 years in Indianapolis doctor’s 2017 killing
A 19-year-old man who pleaded guilty in the fatal shooting of a prominent Indianapolis doctor was sentenced to 50 years in prison after telling a judge that he “got railroaded.”
Adams County drug court judge abused office, discipline charges say
A northeastern Indiana judge who intervened on behalf of an employee of his drug court in a dispute with other county officials over her benefits committed judicial misconduct, an agency of the Indiana Supreme Court alleged Friday.
Opinions March 13, 2020
7th Circuit Court of Appeals
United States of America v. Hamza Dridi, a/k/a Alex
18-3334
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge William Lawrence.
Criminal. Affirms Hamza Dridi’s six-year prison sentence for charges of conspiring to violate the Racketeer Influenced and Corrupt Organizations Act and interstate transportation of stolen property, but reverses his $1,811,679.25 restitution order. Finds the Indiana Southern District Court erred both by not making specific factual findings prior to sentencing Dridi and by not adequately demarcating the scheme before imposing in restitution. Also finds only the second error affected Dridi’s substantial rights. Vacates the restitution order and remands the issue of restitution for further proceedings consistent.
$1.8M restitution order vacated in car dealership fraud
The 7th Circuit Court of Appeals has reversed and remanded for the recalculation of restitution to be paid by a man involved in fraudulent activities at an Indianapolis car dealership.
COA: Staffing firm must pay attorney fees in breach of contract dispute
A recruiting and staffing firm did not convince the Indiana Court of Appeals on Friday that it should not have to pay attorneys fees requested by a former contractor in a breach of contract dispute.
Supreme Court petitioned on police officers’ legal immunity
James King had no idea that the men who grabbed him and took his wallet were plainclothes officers looking for a fugitive. King’s case is one of several taken up by the Arlington-based Institute for Justice in an effort to get the U.S. Supreme Court to reconsider the “qualified immunity” doctrine, which frequently shields police officers and other government agents from lawsuits when they are accused of violating a person’s constitutional rights.
CASAs share experiences, hopes for Hoosier kids at 30th anniversary celebration
Compassion. Persistence. Patience. These are shared qualities that Indiana’s court appointed special advocates have when working with thousands of Hoosier kids in the child welfare system each year. Indiana Lawyer spoke with a few of those advocates about their personal experiences as CASAs following a 30th anniversary celebration of the Indiana Office of GAL/CASA on March 4.
Lead testing bill clears Statehouse
A bill that requires schools across Indiana to test their water for lead contamination has passed the Statehouse and is headed to the governor’s desk.
DNA under victim’s nails leads to arrest in 2000 Indianapolis killing
| Associated Press and IL Staff
A northern Indiana man has been charged in the 2000 killing of a man found dead in an Indianapolis hotel room after his DNA matched DNA found beneath the victim’s fingernails, prosecutors said.
Indy 16-year-old pleads guilty to killing siblings, gets 40 years
An Indianapolis teenager charged as an adult pleaded guilty Wednesday to two counts of murder in the August shooting deaths of two siblings.
Tougher Indiana law on under-18 marriages wins approval
Anyone younger than 18 will need a judge’s permission in order to get married in Indiana under a law change approved by state legislators.