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Holcomb administration accused of waiving fine in Amazon worker’s death while pursuing HQ2

November 26, 2019 | Lindsey Erdody and Indianapolis Business Journal Staff

An investigation into Amazon employee injuries by a national not-for-profit journalism organization accuses Indiana Gov. Eric Holcomb’s administration of absolving the online retail giant of any accountability in an Indiana worker’s death at the same time the state was bidding for the company’s coveted HQ2 project.

Ex-White House lawyer McGahn ordered to comply with subpoena

November 26, 2019 | Associated Press

A federal judge has ordered former White House counsel Donald McGahn to appear before Congress in a setback to President Donald Trump’s effort to keep his top aides from testifying.

Supreme Court shields Trump’s financial records for now

November 26, 2019 | Associated Press

The Supreme Court is shielding President Donald Trump’s financial records from House Democrats for now. The delay announced late Monday allows the justices to decide how to handle the House subpoena and a similar demand from the Manhattan district attorney at the same time.

Indiana man gets 87 years in fatal shooting of Fort Wayne barber

November 26, 2019 | Associated Press

A Fort Wayne man convicted of fatally shooting a barber he had argued with during a haircut has been sentenced to more than 87 years in prison. An Allen County judge sentenced 34-year-old James L. Dodson Jr. on Monday to the maximum term of 87 ½ years allowed under his murder and criminal recklessness convictions.

7th Circuit remands to fix sentencing inconsistency in armed robbery conviction

November 25, 2019 | Katie Stancombe

The 7th Circuit Court of Appeals has remanded to the U.S. District Court for Southern District of Indiana a case that convicted an Indianapolis man for his involvement in a string of armed pharmacy robberies. The appellate court concluded a correction was required because both the written and oral sentences imposed terms of supervised release inconsistently.

Opinions Nov. 25, 2019

November 25, 2019

7th Circuit Court of Appeals
United States of America v. Dexter Fisher
18-2765
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Jane Magnus-Stinson.
Criminal. Affirms Dexter Fisher’s convictions for brandishing a firearm, the forfeiture of his firearm and his 57-year sentence. Finds no reasonable juror could have failed to find a sufficient nexus between the pistol and Fisher’s conviction for possessing a firearm as a felon, so the district court’s failure to inquire whether he would like to waive his right to a jury trial on the issue of forfeiture did not affect his substantial rights. Also finds Fisher did not object to a supervised release condition prohibiting him from purchasing, possessing, distributing, administering or using psychoactive substances, but his written and oral sentences impose terms of supervised release inconsistently, on different counts. Finally, finds Fisher’s convictions of brandishing a firearm qualify as crimes of violence. Remands with specific instructions for the district court to enter a corrected judgment that mirrors the oral sentence regarding the counts to which a term of supervised release attaches.

Ice Miller strategy manager appointed to JNC

November 25, 2019 | IL Staff

Ice Miller agribusiness strategy manager Katie Glick, Columbus, has been appointed as the newest member of the Indiana Judicial Nominating Commission.

Reversal: COA reinstates default judgment against nursing facilities

November 25, 2019 | Katie Stancombe

The Indiana Court of Appeals has reinstated default judgement against three nursing facilities after concluding the defendants couldn’t explain why their response was so late and that the underlying complaint was not “insufficient.”

DOJ would take halted executions to high court

November 25, 2019 | Associated Press and IL Staff

Attorney General William Barr told The Associated Press on Thursday that he would take the Trump administration’s bid to restart federal executions after a 16-year hiatus to the Supreme Court if necessary. Barr’s comments came hours after a district court judge temporarily blocked the administration’s plans to start executions next month.

Justices to consider ‘de facto life sentence’ against teen convicted of murder

November 25, 2019 | IL Staff

Indiana Supreme Court justices will consider arguments this week in a teen murder case involving a question of whether the boy was denied the effective assistance of counsel such that he should receive a rehearing on his 181-year sentence.

Man gets 5 years for threatening to bomb Lafayette courthouse

November 25, 2019 | Associated Press

A man who threatened to bomb a northwestern Indiana courthouse, prompting the building’s evacuation, has been sentenced to five years in prison. A special judge sentenced 48-year-old Michael Battering on Friday after detailing the lengthy criminal history he had amassed before he threatened to bomb the Tippecanoe County Courthouse in Lafayette.

What’s next in impeachment: Judiciary Committee up next

November 25, 2019 | Associated Press

After two weeks of public hearings, Democrats could soon turn the impeachment process over to the House Judiciary Committee. There could be several steps along the way, including a Judiciary Committee vote, a House floor vote and, finally, a Senate trial.

Justices reject call for new trial in ‘Serial’ podcast case

November 25, 2019 | Associated Press

The Supreme Court on Monday rejected a Maryland man’s bid for a new trial based on information uncovered by the hit podcast “Serial.”

Indiana man files wrongful death suit over his son’s death

November 25, 2019 | Associated Press

The father of a 2-year-old Fort Wayne boy fatally beaten in 2017 is suing the child’s mother and her former boyfriend over his son’s death.

Authorities ID Indiana trooper shot in leg during standoff

November 25, 2019 | Associated Press

Indiana State Police have identified a trooper who was shot in the leg during a standoff at a southern Indiana home. They say 18-year veteran Master Trooper Joseph Livers sustained serious but non-life-threatening injuries to his lower left leg during the shooting about 8 a.m. Saturday near Madison.

Indiana lawmakers support raising legal age for tobacco use

November 25, 2019 | Associated Press

Indiana lawmakers are voicing support for raising the state’s legal age to buy tobacco and vaping products. Republican House Speaker Brian Bosma said Monday that he supports raising the age from 18 to 21, along with the majority of the House Republican caucus.

12/13 – Protecting vulnerable populations- Indiana mandatory child abuse reporting requirements (Indianapolis)

Speaker: • John Maley, Barnes & Thornburg LLP This course will educate attorneys about the obligations to report child abuse or neglect, as defined to Indiana Code 31-34-1-1 and as interpreted in court decisions and state policies and procedures. Topics include: • Mandatory Reporting • “Reason to Believe” • Educational Neglect Date: Friday, December 13, […]

12/20 – Talk-to-A-Lawyer-Today Prep CLE (Indianapolis)

Video Replay 2019 Topics (in the order presented): Conditional Licenses (1 hr. CLE) ♦ Judge David Avery Hot Topics in Ethics (1 hr. CLE / 1 hour Ethics) ♦ Monica Fennell, Don Lundberg, Jeff Heck ABLE Accounts (1 hr. CLE) ♦ Amy Corbin, Elizabeth Homes Land Contracts and Landlord-Tenant (1 hr. CLE) ♦ Brandon Beeler, Chase Haller Pro Bono […]

Opinions Nov. 22, 2019

November 22, 2019

7th Circuit Court of Appeals
USA v. Adrian Grisanti
19-1576, 18-2993
Appeals from the United States District Court for the Southern District of Indiana, New Albany Division. Judge Tanya Walton Pratt.
Criminal. Affirms Adrian Grisanti’s 10-year sentence for conviction of child-pornography offenses, as well as the denial of his motion to suppress evidence. Finds Grisanti’s reasons for reconsidering Kienast are not persuasive. Also, his sentence was not unreasonable, and the district court did not make any procedural error.

 

7th Circuit affirms Indiana man’s conviction, sentence in child porn case

November 22, 2019 | Katie Stancombe

The 7th Circuit Court of Appeals has affirmed a prison sentence and denial of a man’s motion to suppress stemming from his destruction of evidence and child-pornography related convictions, rejecting his argument that he was less likely to reoffend because he was white, among others.

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In This Issue

  • Advocate welcomes honors, but reward for her is helping the kids

  • Indianapolis attorney’s small firm helps clients start over

  • BMV rule barring gender marker changes effective this week

Most Read
  • Firing squad, gas execution methods move out of Indiana House committee

  • New habeas corpus strategy is freeing some immigrant detainees

  • 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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