Drug sentence remanded to reconsider term of supervised release
The 7th Circuit Court of Appeals has remanded an erroneous sentence for a drug conviction for the limited purpose of reconsidering the defendant’s term of supervised release.
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SCOTUS leans toward tribal police in traffic stop, search of non-Indian
| Associated Press and IL Staff
The Supreme Court of the United States seemed likely Tuesday to allow tribal police officers to stop and search non-Indians on tribal lands over concerns that drunk drivers or even violent criminals might otherwise elude authorities.
NCAA’s Emmert agrees to meet protesting players after March Madness
| Associated Press and IL Staff
With the United States Supreme Court set to hear a college sports antitrust case next week, Indianapolis-based NCAA President Mark Emmert has informed a group of basketball players who started a social media campaign to protest inequities that he will meet with them after March Madness.
Indiana Gaming Commission fines Spectacle $530K for slow removal of CEO
The Indiana Gaming Commission has fined Spectacle Entertainment more than a half-million dollars for not initially complying with an order to remove its former CEO and chairman from any ownership or oversight of the company.
Marion County health officials shut down two clubs for COVID-19 violations
The nightclubs Casba Bar in Broad Ripple and After 6 in downtown Indianapolis have been ordered to close immediately for violating pandemic-related health orders, the Marion County Public Health Department says.
State to open vaccines to all adults March 31, nix mask mandate April 6
Indiana will open COVID-19 vaccine eligibility to all Hoosiers ages 16 and older on March 31, Gov. Eric Holcomb announced Tuesday. He also said the statewide mask mandate will be lifted early next month.
Opinions March 23, 2021
The following 7th Circuit Court of Appeals opinion was posted after IL deadline Monday:
United States of America v. Shawn Bacon
20-1415
Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Judge Holly A. Brady.
Criminal. Affirms Shawn Bacon’s convictions on drugs and firearms charges, the denial of his motion to suppress and the denial of his request for a Franks hearing. Finds that on balance, the controlled buys in this case were reliable indicators that Bacon was selling drugs from his home, even though the buys included “middlemen” who were not search or wired. Also finds the district court did not err in denying Bacon a Franks hearing because the “omissions” in a probable cause affidavit supporting a search warrant were immaterial. Finally, finds there was sufficient evidence to support his convictions.
Druidism must be recognized in Department of Correction, judge rules
Druidism could soon become a formally recognized religion within the Indiana Department of Correction after a federal judge granted injunctive relief to a prisoner who claimed his religious rights were violated by the lack of communal Druid services in the DOC.
Drug, firearm convictions based on ‘middlemen’ testimony affirmed
Despite the unusual use of a middleman in a law enforcement controlled drug buy, the 7th Circuit Court of Appeals found sufficient evidence to uphold a Fort Wayne man’s convictions on multiple drug and firearms charges.
ALJ attorney fees bill heading into opposition at Senate hearing
After sailing through the House without a single vote in opposition, a bill that would enable individuals to recoup attorney fees from state agencies could hit a stiff wind Wednesday as public interest organizations are aligning to try to block the legislation from moving any further through the Statehouse.
Justices agree to hear appeal in Menards negligence dispute
A ruling from the Indiana Court of Appeals that partially entered judgment in favor of a Menards store in a customer’s personal injury suit will go before the Indiana Supreme Court after the justices granted transfer to the case last week.
Lake, St. Joseph judicial selection bill set for hearing Wednesday
| IL Staff
Legislation that has drawn fire from bar associations and members of the legal community who say proposed changes to judicial appointments would politicize the trial court benches in Lake and St. Joseph counties will be heard Wednesday by a Senate committee.
Boy, 14, faces murder, molesting counts in girl’s death
A 14-year-old boy was charged with murder and child molestation Monday in the asphyxiation death of a 6-year-old girl in northern Indiana, prosecutors said.
Indiana woman gets 32 years in husband’s stabbing death
A Fort Wayne woman who pleaded guilty to fatally stabbing her husband during an altercation in a parking lot has been sentenced to 32½ years in prison.
Agency reverses Trump-era oil rights ruling snubbing tribes
The Biden administration has scrapped a Department of Interior opinion under former President Donald Trump that attempted to strip mineral rights under the original Missouri River riverbed from a North Dakota tribal nation.
SCOTUS seems ready to rule against unions in farm case
The United States Supreme Court appeared ready Monday to side with two California agriculture businesses that want to bar labor organizers from their property, a case that could be another blow to unions.
Colorado shooting leaves 10 dead in latest mass tragedy
A shooting at a crowded Colorado supermarket that killed 10 people, including the first police officer to arrive, sent terrorized shoppers and workers scrambling for safety and stunned a state that has grieved several mass killings. A lone suspect was in custody, authorities said.
Opinions March 22, 2021
Indiana Court of Appeals
Scott D. Hartman v. State of Indiana (mem. dec.)
20A-CR-422
Criminal. Affirms Scott D. Hartman’s convictions of Level 4 felony unlawful possession of a firearm by a serious violent felon and Class A misdemeanor operating a motor vehicle while privileges are suspended. Finds the Delaware Circuit Court did not violate Hartman’s speedy-trial request when it granted the state’s motion to continue under Criminal Rule 4(D). Also finds Hartman has waived his appellate challenges to the admission of evidence and to the limiting of his cross-examination of his passenger at the time of his crimes.
Left out of COVID relief, Legal Services Corp. prepares $1B budget request
Legal Services Corp., the national funder for legal aid providers across the country, including Indiana Legal Services, was unable to get additional funding through the American Rescue Plan Act of 2021, but the organization is planning to nearly double its annual budget request to more than $1 billion for fiscal year 2022.
Justices decline to shield COVID-19 stimulus checks from creditors
The Indiana Supreme Court has denied a petition from several legal aid providers and social service organizations asking the justices to protect the latest round of stimulus checks from being scooped up by debt collectors.