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Federal judge upholds IU vaccination mandate

July 19, 2021 | Marilyn Odendahl

The U.S. District Court for the Northern District of Indiana is allowing Indiana University’s requirement that students must be vaccinated against COVID-19 or submit to additional requirements in order to return to classes in the fall, finding the 14th Amendment permits the school “to pursue a reasonable and due process of vaccination in the legitimate interest of public health.”

Opinions July 19, 2021

July 19, 2021

The following 7th Circuit Court of Appeals opinion was posted after IL Deadline on Friday.

Peggy Jo Smith v. Professional Transportation and Ronald D. Romain
20-2046
Appeal from United States District Court for the Southern District of Indiana, Evansville Division. Judge Richard L. Young.

Civil. Vacates the Southern District Court’s summary judgment order in part and remands with instructions to permit Peggy Jo Smith’s individual claims to proceed against Professional Transportation Inc. Finds that the district court erred by refusing to allow Smith to proceed on her individual claims and that she is entitled to proceed individually, regardless of what happens to the collective action.

7th Circuit denies third attempt of death penalty relief, notes questions raised about federal ‘savings clause’

July 19, 2021 | Katie Stancombe

An incarcerated man waiting on federal death row has for the third time unsuccessfully sought relief from his capital punishment, the 7th Circuit Court of Appeals ruled. This time, it rejected his argument under the “savings clause” that recent changes in clinical diagnostic standards show that he is intellectually disabled and ineligible for the death penalty.

Ex-transpo company worker may proceed with suit against employer, 7th Circuit rules

July 19, 2021 | Katie Stancombe

A former employee of a transportation company who sued under the Fair Labor Standards Act will be allowed to move forward with her individual claims after the 7th Circuit Court of Appeals ruled she was entitled to do so. However, it declined  to address the complexities of her failed collective action.

Hearing set for guilty plea of former Muncie police officer

July 19, 2021 | Associated Press

A former Muncie police officer is expected to plead guilty next month in connection with a federal investigation of excessive force allegations against other officers.

4 juveniles accused of poaching deer in Indiana, Illinois

July 19, 2021 | Associated Press

Indiana prosecutors have charged four juveniles from southeastern Illinois with allegedly torturing and poaching more than 20 wild deer in the two states.

Indiana teen faces August competency hearing in girl’s death

July 19, 2021 | Associated Press

A northern Indiana court will hear testimony next month to determine whether a 14-year-old boy accused in the strangulation death of a 6-year-old girl is competent to stand trial in her killing.

Ex-Charlestown wildlife center auctioned off after court ruling

July 19, 2021 | Associated Press and IL Staff

Hundreds of people turned out for an auction at a former Charlestown wildlife center where the ex-proprietor and his ex-wife were found to have violated the Endangered Species Act by taking and wounding animals, including tigers and lions.

‘A blaring siren’ for Democrats after ruling halts DACA

July 19, 2021 | Associated Press

Immigrants and advocates are urging Democrats and President Joe Biden to quickly act on legislation to protect young immigrants after a federal judge in Texas on Friday ruled illegal an Obama-era program that prevents the deportation of thousands of them brought into the U.S. as children.

Opinions July 16, 2021

July 16, 2021

Indiana Court of Appeals
Carl Eugene McDonald v. State of Indiana
21A-CR-363
Criminal. Dismisses in part, affirms in part, reverses in part. Finds Carl McDonald may not challenge on direct appeal the validity of his convictions for operating a vehicle while intoxicated, endangering a person with a passenger less than e18 years old, a Level 6 felony; three counts of Level 6 felony neglect of a dependent; operating a motor vehicle without ever receiving a license, a Class C misdemeanor; and for being a habitual vehicular substance offender. Also finds that the Cass Superior Court abused its discretion in sentencing McDonald but that remand to the trial court is only necessary so that the HVSO enhancement may be attached to a specific felony. Dismisses McDonald’s double jeopardy claims without prejudice so that they may be brought through a petition for post-conviction relief. Remands with instructions to correct the abstract of judgment.

Appellate court reverses order vacating default judgment nearly 10 years later

July 16, 2021 | Katie Stancombe

The Indiana Court of Appeals has reversed a trial court’s order vacating a nearly decade-old default judgment in a debt collection dispute, finding the debtor’s delay in bringing his fraud allegation was not reasonable.

COA partially reverses to clarify which conviction was enhanced in drunken driving case

July 16, 2021 | Katie Stancombe

A man who drove drunk with his three young grandchildren in the car cannot challenge the validity of his convictions on direct appeal, but the Indiana Court of Appeals remanded Friday so that his habitual vehicular substance offender enhancement could be attached to a specific felony.

Indiana restarts federal unemployment payments while court battle plays out

July 16, 2021 | Emily Ketterer and Indianapolis Business Journal Staff

The Indiana Department of Workforce Development resumed processing federal unemployment benefits this week — amid ongoing legal battles — and more than 25,000 claimants have received payments in the past day, the agency said Friday.

3 men charged over 2018 fatal Missouri tourist boat accident

July 16, 2021 | Associated Press

A Missouri prosecutor on Friday filed a total of 63 felony criminal charges against three employees over a July 2018 tourist boat accident on a Missouri lake that killed 17 people, including nine members of an Indianapolis family.

Michigan lawyer loses challenge to mandatory membership in state bar

July 16, 2021 | Associated Press

A federal appeals court has rejected a challenge to a policy that requires lawyers to join the State Bar of Michigan.

Man charged in Fort Wayne dismemberment pleads guilty

July 16, 2021 | Associated Press

One of two men charged in the Fort Wayne death and dismemberment of a 55-year-old man pleaded guilty to charges Thursday.

How Indiana evictions could surge post-moratorium

July 16, 2021 | Associated Press

A federal freeze on most evictions that was enacted last year is scheduled to expire July 31, after the Biden administration extended the date by a month. Here’s what that could mean for Hoosiers.

Former State Rep. Forestal dies at 38, cause of death unknown

July 15, 2021 | IL Staff

Former Indiana State Rep. Dan Forestal died this week. He was 38.

IUPUI male student loses bid to stop 2-year suspension based on sexual harassment

July 15, 2021 | Olivia Covington

An Indianapolis college student suspended for an act of sexual misconduct has lost his bid to stop the two-year suspension from taking effect. The ruling also implicates the student’s immigration status.

Indianapolis Archdiocese uses new 7th Circuit ruling to counter Roncalli lawsuit

July 15, 2021 | Marilyn Odendahl

Days after the 7th Circuit Court of Appeals found the ministerial exception protects a Chicago Catholic Church from a lawsuit brought by a fired employee, the Indianapolis Archdiocese is citing the decision to bolster its argument that the employment lawsuit filed by former Roncalli High School counselor Lynn Starkey should be dismissed.

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In This Issue

  • Federal judges have sided with employers in three recent cases brought by employees over extra fees

  • After 25 years at McKinney, Tom Wilson isn’t done teaching

  • Indiana Office of Inspector General announces felony charges against former state employees 

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

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

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

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

  • Dustin Houchin: Sorry, but it’s a law: Social intervention programs don’t work

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