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Man charged in sex sting after walking hundreds of miles

October 14, 2019 | Associated Press

A 32-year-old faces federal charges alleging he walked hundreds of miles from central Indiana to Wisconsin to have sex with someone he thought was a 14-year-old girl.

 

Ruling: Records can be withheld in IU student’s 1977 killing

October 14, 2019 | Associated Press

Indiana’s public access counselor has ruled that state police can withhold records in an Indiana University student’s unsolved 1977 slaying because they remain part of an ongoing investigation.

High court to consider state role in prosecuting immigrants

October 14, 2019 | Associated Press

Donaldo Morales caught a break when federal prosecutors declined to charge him after he was arrested for using a fake Social Security card so he could work at a Kansas restaurant. But the break was short-lived. Kansas authorities stepped in and obtained a state conviction that could lead to Morales’ deportation.

Opinions Oct. 11, 2019

October 11, 2019

The following 7th Circuit Court of Appeals opinion was posted Thursday after IL deadline:
United States of America v. Reynold De La Torre, et al.
18-2009, -2218, -2286, -3303, 19-1299
Appeals from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Tanya Walton Pratt.
Criminal. Affirms sentences entered against Maria Gonzalez, Reynold De La Torre and Adrian Bennett. Vacates the guilty pleas entered by Christian Chapman and Jeffrey Rush. Finds Gonzalez’s offense level was properly adjusted for her “aggravating role,” De La Torre waived his challenge to the conditions of his supervised release, and Bennett failed to identify a specific reason to question the substantive reasonableness of his below-guidelines sentence. Also finds Chapman and Rush were subjected to sentencing errors that affected their substantial rights. Remands for further proceedings.

7th Circuit vacates pleas in broad drug ring

October 11, 2019 | Olivia Covington

Two guilty pleas have been vacated in a sweeping drug conspiracy that involved dozens of firearms and multiple illicit substances, though the 7th Circuit Court of Appeals on Thursday declined to also adjust related sentences.

US appeals court skeptical of Trump’s Medicaid work rules

October 11, 2019 | Associated Press

A federal appeals court in Washington on Friday sharply questioned the Trump administration’s work requirements for Medicaid recipients, casting doubt on a key part of a government-wide effort to place conditions on low-income people seeking taxpayer-financed assistance.

COA divided on motion for discharge argument in molestation case

October 11, 2019 | Katie Stancombe

A split Indiana Court of Appeals has affirmed the denial of a man’s motion for discharge of his child molesting and child solicitation counts under Indiana Rule of Criminal Procedure 4(C), with a dissenting judge arguing that because proceedings were not stayed until months after an interlocutory appeal was filed and accepted, the tolling rule doesn’t apply.

Neighbors’ property-ownership dispute reversed in adverse possession case

October 11, 2019 | Katie Stancombe

The Indiana Court of Appeals has reversed a decision quieting title of two pieces of land in a battle between Miami County neighbors, finding there wasn’t enough proof that the parcels were acquired by adverse possession.

Restraining order keeps Indianapolis mobile home park open

October 11, 2019 | IL Staff

A company attempting to force dozens of residents out of their mobile homes at the I-70 Mobile Home Park on Indianapolis’ west side has been halted after a court granted a restraining order sought by Indiana Attorney General Curtis Hill’s office Thursday.

Three judges involved in Indianapolis shooting now face discipline

October 11, 2019 | Olivia Covington

Three judges involved in a May shooting in downtown Indianapolis are all now facing judicial discipline charges. Clark Circuit Judges Andrew Adams and Bradley Jacobs and Crawford Circuit Magistrate Judge Sabrina Bell each were charged Friday by the Indiana Commission on Judicial Qualifications in relation to the May 1 shooting at a downtown Indianapolis White Castle, and the events leading up to the shooting.

Ex-employee accuses Lafayette Mercedes-Benz dealership of discrimination

October 11, 2019 | Associated Press

A black former sales manager at a Mercedes-Benz dealership in Lafayette is suing the business, saying he was fired in retaliation for complaining about the owner’s repeated use of racist language and his boasts about overcharging African-American customers.

Indiana reports 2 more deaths linked to vaping, 3 overall

October 11, 2019 | Associated Press and IL Staff

Indiana health officials are reporting two more state residents have died of severe lung injuries linked to vaping. The new deaths reported Thursday by the Indiana State Department of Health brings the total number of vaping-related deaths in the state to three since Sept. 6.

 

D.C. appeals court rules House should get Trump financial records

October 11, 2019 | Associated Press

A federal appeals court has ruled that President Donald Trump’s financial records must be turned over to the House of Representatives.

AG Hill: 165 more fetal remains linked to late abortion doctor

October 11, 2019 | Associated Press

Indiana’s attorney general said Friday that 165 sets of fetal remains have been found in the Chicago area inside a car owned by a late Indiana abortion doctor, boosting the total number of abandoned sets of fetal remains discovered at properties linked to him to more 2,400.

Attorney General Barr’s visit to Notre Dame to be greeted by blowing whistles

October 10, 2019 | IL Staff

U.S. Attorney General William Barr is scheduled to speak to Notre Dame Law School students Friday as he finds himself facing questions about his role in President Donald Trump’s outreach to Ukraine and the administration’s attempt to keep a whistleblower complaint from Congress. Protesters vow to show up with whistles ready.

Denial of last-minute habitual offender amendment upheld in triple-fatal

October 10, 2019 | Dave Stafford

A trial court’s denial of the state’s motion to amend the habitual offender charging information against a defendant hours before his scheduled trial date was upheld Thursday. The case involves a crash that killed three people after the suspect allegedly fled Evansville police.

Carmel-based fraternity foundation official accused of embezzling $450K

October 10, 2019 | IL Staff

The former financial coordinator of a charitable foundation operated by Carmel-based women’s fraternity Zeta Tau Alpha has been charged in federal court with eight counts of wire fraud, accused of embezzling about $450,000 from the organization.

Medicaid lawsuits headed to D.C. appellate court

October 10, 2019 | Marilyn Odendahl

Two lawsuits similar to the one filed against Indiana’s plan to impose new restrictions and work requirements on Medicaid recipients are scheduled for oral arguments Friday in the U.S. Court of Appeals for the District of Columbia.

Opinions Oct. 10, 2019

October 10, 2019

Indiana Court of Appeals
State of Indiana v. Frederick Obryan McFarland
18A-CR-2408
Criminal. Affirms the Vanderburgh Superior Court’s denial of the state’s motion to amend the habitual offender charging information against Frederick McFarland filed three calendar days before his trial on multiple charges related to a fatal car crash allegedly cause after McFarland fled an attempted traffic stop. Finds no abuse of discretion in the trial court’s ruling.

Surgeon loses malpractice appeal in amputation case

October 10, 2019 | Katie Stancombe

A northern Indiana orthopedic surgeon has lost his appeal in a medical negligence case brought by a patient who continued to experience pain in his hand following a finger amputation.

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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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