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Trump taps conservative Judge Neil Gorsuch for Supreme Court

February 1, 2017

President Donald Trump has nominated Neil Gorsuch, a fast-rising conservative judge with a writer's flair, to the Supreme Court, setting up a fierce fight with Democrats over a jurist who could shape America's legal landscape for decades to come.

Indiana Senate panel considers adding drone-related crimes

February 1, 2017

Some Indiana lawmakers concerned that operators with nefarious intentions could turn peeping drones into peeping Toms are pushing to criminalize using the high-tech flying gadgets for voyeurism.

Man imprisoned for blast convicted in murder-for-hire plot

February 1, 2017

A man serving two life sentences in a deadly Indianapolis house explosion has been convicted of a murder-for-hire charge.

Eighth Amendment complaint splits 7th Circuit

January 31, 2017

A prisoner’s attempt to seek remedy for injuries he sustained from falling out of the bunk bed in his cell split the 7th Circuit Court of Appeals. The majority found the inmate did not sue the individuals who were responsible. However, Judge Richard Posner dissented, asserting a dog deserved better treatment than the prisoner received.

7th Circuit reverses dismissal of ‘arbitrary’ Appeals Council decision

January 31, 2017

The 7th Circuit Court of Appeals Tuesday reversed an Appeals Council decision to dismiss an Indiana man’s good cause request after initially granting the request, finding that the sudden change of course was arbitrary.

Eighth Amendment complaint splits 7th Circuit

January 31, 2017

A prisoner’s attempt to seek remedy for injuries he sustained from falling out of the bunk bed in his cell split the 7th Circuit Court of Appeals. The majority found the inmate did not sue the individuals who were responsible. However, Judge Richard Posner dissented, asserting a dog deserved better treatment than the prisoner received.

COA upholds denial of IRA garnishment

January 31, 2017

The Elkhart Superior Court was within its discretion when it asserted a garnishment exemption on a debtor’s behalf because there are exceptions that allow a debtor to receive the benefit of an exemption without asserting it, the Indiana Court of Appeals decided Tuesday.

Victim’s posthumously admitted testimony supports murder conviction

January 31, 2017

A woman’s deposition identifying to police the man who shot her in the face was properly admitted in the suspect’s murder trial after the victim died, the Indiana Court of Appeals ruled Tuesday.

Opinions Jan. 31, 2017

January 31, 2017

7th Circuit Court of Appeals
Estate of William A. Miller, by its representatives Patrick T. Chassie and Linda Wilkerson v. Helen J. Marberry and Gary Rogers.

15-1497.
Appeal from the United States District Court for the Southern District of Indiana, Terre Haute Division. Chief Judge Jane Magnus-Stinson.
Prisoner. Affirms the grant of summary judgment to Helen Marberry and Gary Rogers. Judge Richard Posner dissents with separate opinion.

‘Dismayed’ by trial court, COA orders resentencing

January 31, 2017

An Indianapolis judge who sentenced a defendant to jail without permitting him to speak on his own behalf disregarded state law and violated the defendant’s rights, a panel of the Indiana Court of Appeals held in a stern ruling.

Sheriff’s department not liable in death of former deputy’s wife

January 31, 2017

The Harrison County Sheriff’s Department cannot be held liable for the death of the wife of one of its former deputies who used her husband’s gun to kill herself. The Indiana Court of Appeals held Tuesday the deputy was acting as a husband, not a law enforcement official, during the incident.

Indianapolis jail at Twin Aire touted as criminal justice reform

January 31, 2017

Dozens of city, county, neighborhood and social services representatives gathered in the bracing cold Tuesday morning on the site of the decade-defunct Citizens Gas and Coke Utility plant site in the Twin Aire neighborhood just about three miles southeast of downtown Indianapolis. A new criminal justice center is proposed to rise in the 2900 block of East Prospect Avenue.

Holcomb cautiously backs Trump immigration order

January 31, 2017

Indiana’s governor is giving cautious support to President Donald Trump’s executive order restricting refugees and immigration into the country.

Syrian family denied entry sues Trump administration

January 31, 2017

A lawsuit has been filed against the Trump administration on behalf of a Syrian family who was denied entry into the United States at the Philadelphia airport over the weekend.

Fueled by protest, liberals push for blockade of Trump picks

January 31, 2017

Democrats are racing to respond to the wave of liberal outrage triggered by President Donald Trump, jumping into protests, organizing rallies and vowing to block more of the new president's nominees — including, possibly, his pick for the Supreme Court.

COA affirms revocation of good time credit

January 30, 2017

A man whose disciplinary actions resulted in the loss of good time credit in a county community corrections program was not entitled to have that credit restored when his probation was revoked and he was ordered to serve the balance of his sentence, the Indiana Court of Appeals decided Monday.

Divided COA reverses denial of proceedings supplemental

January 30, 2017

A divided Indiana Court of Appeals panel has reversed a trial court’s denial of a motion for proceedings supplemental in a civil case, writing that it was incumbent upon the county clerk, not the litigant, to ensure that a criminal court knew of a lien against criminal bond proceeds.

Report: Marion County Jail going at former Citizens Gas site

January 30, 2017

Indianapolis Mayor Joe Hogsett will announce a new Marion County Jail and Criminal Justice Center will be built at the near-east side site of the former Citizens Gas & Coke Utility Plant on Prospect Street, a television station reported, citing unnamed sources.

7th Circuit strikes down portions of Indiana vaping law

January 30, 2017

A federal court has struck down portions of Indiana’s controversial vaping law, holding that the “astoundingly specific provisions” related to regulations of security, cleanliness and other physical requirements imposed on out-of-state manufacturers violates federal law and seems to imply a state attempt to create a monopoly for an Indiana security firm.

Opinions Jan. 30, 2017

January 30, 2017

7th Circuit Court of Appeals
Legato Vapors, LLC, et al and Right to be Smoke-Free Coalition, Inc. v. David Cook, et al
16-3071
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Sarah Evans Barker.
Civil. Reverses the judgment of the district court dismissing the case. Remands with instructions to enjoin enforcement of the challenged provisions of the Vapor Pens and E-Liquids Act against the plaintiffs and to declare the challenged provisions unenforceable against out-of-state manufacturers. Finds that Indiana may not try to achieve health and safety goals by directly regulating out-of-state factories and commercial transactions. Also finds that as applied to out-of-state manufacturers, the challenged provisions of the act violate the dormant Commerce Clause prohibition against extraterritorial legislation.

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In This Issue

  • Carmel CEO introduces new AI-driven app to support family law cases

  • Attorneys say commercial courts offer predictability

  • Seventh Circuit Court affirms lower court’s denial of preliminary injunction for press access to state executions 

Most Read
  • COA upholds murder convictions, 100-year sentence for teen convicted in siblings’ suffocation deaths

  • Former Pacers player says Zionsville councilor exploited his elderly grandmother

  • Judge spares Baer death penalty, resentences killer to life in prison

  • Investigation finds pattern of sexual abuse by former Notre Dame rector

  • Attorney General seeks dissolution of Noblesville charity, says it mishandled assets

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