Not guilty plea entered for Indiana sitter in child’s death
A not guilty plea has been entered on behalf of a northeastern Indiana babysitter charged in the death of a young child she was caring for last year.
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White House tells 2 ex-aides to defy congressional subpoena
The White House is again directing former employees not to cooperate with a congressional investigation, this time instructing former aides Hope Hicks and Annie Donaldson to defy subpoenas and refuse to provide documents to the House Judiciary Committee.
Judge questions reasons for Indiana abortion procedure ban
A federal judge grilled an attorney for the state of Indiana on Monday over whether the Legislature had legitimate reasons for approving a law that would largely ban a second-trimester abortion procedure.
AG Hill’s bid to block Marion County early voting plan fizzles
The heated dispute ignited by Indiana Attorney General Curtis Hill’s effort to block Marion County’s early voting plan ended with a whimper at the 7th Circuit Court of Appeals Monday after both sides acknowledged a change in the voting method nixed the need for a ruling from the federal appellate bench.
CLE, fee violations lead to suspension of 144 attorneys
Nearly 145 attorneys have been suspended from the practice of law in Indiana, including national and international practitioners, after they failed to either pay annual fees and/or comply with continuing legal education requirements or both.
Hendricks Judge Freese suspended 45 days over friend’s estate theft
Hendricks Superior Judge Robert W. Freese has been suspended from judicial office without pay for 45 days after appointing a friend as a trustee of an estate case he was presiding over and failing to take action when the friend did not fulfill his duties, resulting in a “massive theft.”
Supreme Court upholds father’s removal as administrator of son’s estate
The Indiana Supreme Court has upheld the removal of a father as the special administrator of his deceased son’s estate, writing that trial courts should hold hearings on special administrator appointments to avoid confusion caused by a “race to the courthouse.”
Divided Supreme Court upholds suppression of child molesting statements
An accused child molester who was not convicted due to a mistrial has won his argument that incriminating statements he made during a police interrogation were rightfully suppressed during trial because he was not read his Miranda warnings.
Opinions June 3, 2019
Indiana Supreme Court
State of Indiana v. Ernesto Ruiz
19S-CR-336
Criminal. Grants transfer and affirms the grant of Ernesto Ruiz’s motion to suppress statements he made to police before being provided with his Miranda warnings. Finds there is substantial, probative evidence that Ruiz was in custody. Justice Mark Massa concurs in result without separate opinion. Justice Geoffrey Slaughter dissents, believing transfer should be denied, without separate opinion.
South Bend abortion clinic gets go-ahead from federal judge
A federal judge has granted an abortion provider’s motion for a preliminary injunction to open the doors of a South Bend abortion clinic without a state-required license, prompting an immediate appeal from the state.
New Albany attorney Dick Mullineaux remembered for ‘passionate’ service
Richard “Dick” Mullineaux, a longtime leader in the New Albany office of Kightlinger & Gray LLP, died last week at the age of 66, the firm announced Monday.
High court will hear copyright dispute involving Blackbeard’s ship
A dispute involving the pirate Blackbeard’s ship is on deck for the Supreme Court’s next term.
Justices let stand suppression in drug case, grant transfer in 2 others
Indiana Supreme Court justices agreed to hear two cases on grant of transfer last week, denying one other involving a faulty Muncie controlled drug buy. The three cases were the only matters justices considered on petition to transfer last week.
Evansville man accused of selling fentanyl to woman who died
Authorities say a southern Indiana man has been arrested in connection with the fentanyl-based overdose death of a 22-year-old woman.
Illinois poised to be 11th state to allow recreational marijuana
Illinois is likely to become the 11th state to allow small amounts of marijuana for recreational use after the Democratic-controlled House on Friday sent a legalization plan to Democratic Gov. J.B. Pritzker. The move further isolates Indiana’s criminalization of marijuana nationally and among its neighboring states.
2 charged in vandalism of Hammond church
Authorities say two men are facing charges after they allegedly ransacked a northwestern Indiana church and left behind painted hate messages. Hammond police announced Saturday that 23-year-old Aaron J. Vanoppens and 22-year-old Nicholas D. Reding were charged with one count each of burglary and institutional criminal mischief after the interior of Faith United Church of Christ in Hammond sustained significant damage.
Judge to hear bid to block Indiana abortion procedure ban
A federal judge is set to take up the American Civil Liberties Union’s bid to block a new Indiana law that would ban a second-trimester abortion procedure. A judge in Indianapolis was scheduled to hear arguments Monday from the state’s attorneys and the ALCU of Indiana, which is seeking a preliminary injunction to prevent the ban on dilation and evacuation abortions from taking effect July 1.
Indianapolis Public Schools settles lawsuits tied to ex-counselor
The Indianapolis school district has reached confidential settlements in lawsuits related to a former counselor accused of having sex with two teenage students. The Indianapolis Star reports the settlements are with a student and two former employees.
Opinions May 31, 2019
7th Circuit Court of Appeals
USA v. Devan Pierson 18-1112
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge James E. Shadid of the Central District of Illinois, sitting by designation.
Criminal. Affirms Devan Pierson’s life sentence and conviction for possessing drugs with intent to distribute and two related firearm crimes. Finds Pierson’s sentence was imposed within the meaning of Section § 401(c) of the First Step Act when the district court sentenced him, regardless of whether he appealed a sentence that was consistent with applicable law at that time it was imposed. Also finds Pierson’s Apprendi argument is foreclosed by Supreme Court precedent and finds no prejudice that would authorize an appellate court to find a reversible plain error in the absence of a timely objection in the district court.