Appeals panel upholds South Bend murder conviction
A man convicted of murdering the person he believed was responsible for killing his sister failed to convince a panel of the Indiana Court of Appeals that his conviction was in any way flawed.
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Reversal: Ministry’s re-entry program excepted from landlord-tenant statutes
A South Bend ministry that provides transitional housing and job training for people re-entering society after incarceration won an appeal against a man who was awarded damages after claiming he was wrongly barred from the property and forced to come up with money to stay at a hotel.
Toxic Superfund cleanups decline to more than 30-year low
The Trump administration completed the fewest cleanups of toxic Superfund sites last year than any administration since the program’s first years in the 1980s, figures released by the Environmental Protection Agency indicated Wednesday.
Kokomo councilman ‘sorry’ for Islamophobic posts won’t resign
An Indiana city councilman whose predecessor resigned after posting Islamophobic comments online says he will not step down after he was also criticized for sharing similar views on Facebook.
IRS to visit high-income taxpayers who fail to file
If you earn six figures and haven’t been filing your taxes, the IRS may come knocking. The agency said Wednesday it is stepping up efforts to visit high-income taxpayers who failed in prior years to file their tax returns on time.
Lawmakers considering central Indiana regionalism legislation
Indiana lawmakers are considering legislation that would allow the communities in central Indiana to create a regional development authority, but the framework isn’t exactly what advocates initially proposed.
4 Indianapolis teens charged in fatal shooting of 3 men, 1 woman
Four teenagers were charged with murder Wednesday in the fatal shooting of three young men and a young woman found slain in a ransacked Indianapolis apartment, authorities said.
Opinions Feb. 19, 2020
The following 7th Circuit Court of Appeals opinion was posted after IL Deadline Tuesday.
United States of America v. Marvin Cates
19-1042
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Senior Judge Robert L. Miller Jr.
Criminal. Affirms the denial of Marvin Cates’ motion to withdraw his guilty plea to possession a firearm with a prior felony conviction on the basis of ineffective assistance of counsel. Finds the record contains insufficient evidence to support Cates’ ineffective-assistance claim on direct appeal.
Booker T. Washington in Indiana topic of Black History Month CLE
The U.S. District Court for the Southern District of Indiana celebrated Black History Month last week with a public presentation of Booker T. Washington, an important activist and leader in the African American community.
Reversal: Driver at fault in wreck liable for repaired truck’s diminished value
A woman whose vehicle rear-ended a pickup truck in a Bloomington wreck is liable for the truck’s diminished value after it was repaired, the Indiana Court of Appeals ruled Wednesday in a reversal.
COA rejects separation-of-powers argument in probation revocation appeal
A man contesting the revocation of his probation did not convince the Indiana Court of Appeals that an Indiana statute violates the separation-of-powers provisions of the Indiana Constitution. The appellate court instead found, based on its own precedent, that the statute is not unconstitutional.
Reversal: Burglary conspiracy expungement petition wrongly dismissed
A man’s petition for expungement of his criminal record for his involvement as a lookout during a residential burglary almost 20 years ago has been reinstated after the Indiana Court of Appeals ruled Wednesday that a southeast Indiana trial court erred in dismissing it.
DNR: Fish kill near Portage likely caused by ‘natural event’
About 200 fish that were found dead Sunday in a northwestern Indiana river likely died due to natural causes, state wildlife officials said.
7th Circuit rejects ineffective-assistance claim on direct appeal
A federal inmate who chose to raise an ineffective-assistance claim on direct appeal has lost his bid to overturn his guilty plea, with the 7th Circuit Court of Appeals finding that his strategic decision to raise the issue on direct appeal led to a lack of sufficient evidence.
Warehouse owner wins cost of removing property in appeal after lease default
The owner of a Westfield warehouse is entitled to recover the costs of removing abandoned property in addition to unpaid rent after a tenant defaulted on lease payments, the Indiana Court of Appeals ruled Wednesday in a partial reversal. The cost of removal is twice the unpaid rent, according to the ruling.
Indiana panel backs ban on drivers using handheld phones
A proposal to ban drivers from using handheld cellphones on Indiana roads is advancing in the state Legislature after testimony from people who have been injured or lost loved ones in traffic crashes caused by distracted drivers.
Source: AG Barr tells people he might quit over Trump tweets
Attorney General William Barr has told people close to him he’s considering quitting his post after President Donald Trump wouldn’t heed his warning to stop tweeting about Justice Department cases, an administration official told The Associated Press.
Lake Michigan shore fight continues in court, Legislature
The years-long struggle between public and private rights along Indiana’s Lake Michigan shoreline continues in the Indiana Statehouse and in federal court, even as the state marks the two-year anniversary of a landmark Indiana Supreme Court decision that ruled in the public’s favor.
Marion Superior retention interviews to be held in March
The second iteration of retention interviews for Marion Superior judges will begin in less than a month. The Marion County Judicial Selection Committee set aside March 9 to interview the 13 Marion Superior Court judges seeking retention while also opening the window for applicants seeking to fill one of three pending vacancies on the trial court bench in Indianapolis.
Web Exclusive: Young attorneys engage diverse youth on careers in legal profession
While various programs such as the Conference for Legal Education Opportunity encourage more diverse attorneys in the legal profession, a career in the law still seems unattainable for some. But many new attorneys are sharing their experiences with students in middle schools and high schools in hopes of showing what the profession has to offer.
