New trial denied for man convicted in fatal Gary shooting
Despite allegations of prosecutorial misconduct during closing arguments, a man convicted of murder could not convince the Court of Appeals of Indiana to grant him a new trial.
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Formal investiture ceremony scheduled Friday for Magistrate Judge Garcia
| IL Staff
Magistrate Judge Mario Garcia of the U.S. District Court for the Southern District of Indiana, the first judge of Hispanic heritage to serve the Southern Indiana District, will be formally sworn in at 2 p.m. Friday at the Birch Bayh Federal Building and U.S. Courthouse in Indianapolis.
7th Circuit: No disability discrimination in former Lake Co. officer’s pension plan
A disabled former Lake County police officer who claimed that his disability pension plan should provide the same cost-of-living increases that nondisabled retirees receive did not sway the 7th Circuit Court of Appeals.
7th Circuit denies convicted murderer’s habeas petition after admission of absent witness’s prior testimony
A man convicted of murdering his drug dealer more than a decade ago has again been denied habeas relief after the 7th Circuit Court of Appeals affirmed that the admission of prior testimony from an absent, but key, witness wasn’t done in error.
Documents: $300,000 settlement in Fort Wayne lost eye lawsuit
Federal court documents show the settlement amount reached by an Indiana city and a man who lost an eye after being struck by a tear gas canister police fired during 2020 protests over the killing of George Floyd is $300,000.
Columbus man gets 67 years for brutal killing of great aunt
A south-central Indiana man has been sentenced to 67 years in prison for the brutal 2020 slaying of his great aunt, who authorities said had bailed him out of jail a day before her death.
Gary man wounded after jail van escape, firing shots at police
A 36-year-old man has been shot and wounded by officers after escaping from a jail transport van in western Indiana and later firing shots from an apartment he ran into, state police said.
Justices to meet for 1st time since leak of draft Roe ruling
The U.S. Supreme Court’s nine justices will gather in private Thursday for their first scheduled meeting since the leak of a draft opinion that would overrule Roe v. Wade and sharply curtail abortion rights in roughly half the states.
Senate bid to save Roe v. Wade falls to GOP-led filibuster
The U.S. Senate fell far short Wednesday in a rushed effort toward enshrining Roe v. Wade abortion access as federal law, blocked by a Republican filibuster in a blunt display of the nation’s partisan divide over the landmark court decision and the limits of legislative action.
Judge: Trump must pay $110K, meet conditions to end contempt
A New York judge said Wednesday he will lift Donald Trump’s contempt of court order if the former president meets conditions including paying $110,000 in fines he’s racked up for being slow to respond to a civil subpoena issued by the state’s attorney general.
Opinions May 11, 2022
Court of Appeals of Indiana
Marquis David Young v. State of Indiana
21A-CR-2341
Criminal. Reverses Marquis Young’s conviction of murder and two counts of attempted murder. Finds insufficient evidence to support the convictions. Judge Terry Crone dissents with separate opinion.
Split appellate panel reverses murder conviction in Gary shooting for insufficient evidence
In a “seldom” reversal of a murder conviction based on insufficient evidence, the Court of Appeals of Indiana split in a Wednesday decision, with the majority concluding the evidence used to support a defendant’s guilt came “nowhere close to proof beyond a reasonable doubt.”
COA has ‘little doubt’ state violated discovery rule in child molesting case
Bungled communications by law enforcement officials over whether a polygraph was admissible in court has resulted in the Court of Appeals of Indiana affirming the exclusion of the evidence against a defendant in a child molestation case and sanctions against the state.
7th Circuit finds for insurance company in adjuster’s game of chess
A public adjuster who assured an Indiana homeowners association that the way to get a claim for storm damage processed was to play a game of chess with the insurance company, got checkmated when he failed to heed the deadline for filing a lawsuit, prompting the 7th Circuit Court of Appeals to make this observation: “Such is the price of gamesmanship.”
Federal judge denies injunctive relief to USI student suspended for sexual assault
A University of Southern Indiana student who was suspended for three semesters for sexual assault has failed in his bid to obtain a court order allowing him to return to the Evansville university immediately.
Evansville man sentenced to 6 ½ years for ‘ghost gun’ possession, drug charges
| IL Staff
An Evansville man will spend 6½ years in federal prison on multiple charges, including possession of a new type of weapon that’s raising hairs on law enforcement’s neck: 3D printed “ghost guns.”
Inside the manhunt for an escaped murder suspect and jailer
U.S. Marshal Marty Keely’s account of the 11-day search, in an interview with The Associated Press, is the most detailed and comprehensive account to date of the U.S. Marshals Service investigation in a nationwide manhunt that ended with Vicky White dead, Casey White back in custody and law enforcement agencies trying to piece together how the escape could have happened.
Man pleads guilty to stealing checks intended for churches, including in Indiana
A Florida man has pleaded guilty in connection with the theft of more than 2,600 checks intended for religious institutions in several states, including Indiana, that were deposited into fake bank accounts, a federal prosecutor in Maryland said.
Virginia DMV hire of former Indiana BMV head scuttled after newspaper’s reporting
A former Indiana official had been set to take a job leading Virginia’s Department of Motor Vehicles, but that plan fell apart Tuesday after a newspaper’s reporting about allegations that the official had behaved inappropriately at work.
Senate passes bill to boost security for Supreme Court
The Senate passed legislation Monday to beef up security for Supreme Court justices, ensuring they and their families are protected as the court deliberates abortion access and whether to overturn the landmark Roe v. Wade decision.