Looters descend on downtown Chicago; more than 100 arrested
Hundreds of people smashed windows, stole from stores and clashed with police early Monday in Chicago’s Magnificent Mile shopping district and other parts of the city’s downtown.
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Rape convictions affirmed but probation condition ruled unconstitutional
An appeals court Monday upheld an aggregate 24-year sentence for a man convicted of three counts of rape, but it also found a condition of probation that barred him from visiting “businesses that sell sexual devices or aids” was unconstitutionally broad.
Federal judge rejects indicted ex-Celadon exec’s vacation plans
A federal judge has denied a request by a former executive of now-defunct Celadon Group Inc. to travel to a Mexican resort for a birthday celebration while he is awaiting trial on multiple fraud charges.
Fatal police shooting in western Indiana deemed justified
An April police shooting in West Terre Haute that killed a western Indiana man who exchanged gunfire with officers was justified and the man’s actions amounted to “an ambush” on officers, a prosecutor said.
NIPSCO fined record $1.1M over safety violations
| Associated Press and IL Staff
A northern Indiana utility is facing a $1.1 million fine — the largest in state history — after state regulators cited it for natural gas pipeline safety violations and specified that the company cannot pass that cost onto its ratepayers.
Indiana woman convicted for her role in abusing boy, 3
A northern Indiana woman has been convicted of child neglect for her alleged role in the abuse of a 3-year-old boy found with broken bones, pieces of his scalp missing and other gruesome injuries.
Trump end run around Congress on COVID aid raises questions on his claims
President Donald Trump’s end run around Congress on coronavirus relief is raising questions about whether it would give Americans the economic lifeline he claims and appears certain to face legal challenges. Democrats called it a pre-election ploy that would burden cash-strapped states.
Meeting tenants’ legal needs in looming eviction cases could cost billions
As Indiana’s moratorium on evictions is set to end in a week, legal aid providers are estimating the national price tag for helping tenants facing the prospect of losing their places to live will top $2.5 billion.
Opinions Aug. 7, 2020
Indiana Court of Appeals
Larry Tabb v. State of Indiana (mem. dec.)
18A-PC-1364
Post conviction. Affirms the denial of Larry Tab’s petition for post-conviction relief. Finds a majority of Tabb’s issues are waived because he did not make cogent arguments on appeal. Finds Tabb has not demonstrated the Porter Superior Court erred by denying his petition for post-conviction relief.
Indiana Supreme Court divided over custody reversal
Two Indiana Supreme Court justices have dissented from their colleagues’ denial of transfer in a child custody dispute that resulted with the mother gaining sole legal custody of her kids. The dissenting justices would have granted joint legal custody to both parents instead.
Justices split 3-2 over ‘force’ element of man’s resisting conviction
Justices of the Indiana Supreme Court have split over the denial of a New Castle man’s appeal to the high court after he was found guilty of forcibly resisting law enforcement. Three of the five justices voted to deny the petition to transfer.
Problems, complaints absent from remote bar exam
After a series of software failures, increasing anxiety and a quick pivot to another format, Indiana administered the state’s first remote bar exam Tuesday without an apparent glitch.
Man pleads guilty to killing 2 brothers at Fort Wayne motel
A man accused of stabbing two brothers to death last December at a Fort Wayne motel pleaded guilty Friday, telling a judge he killed the siblings because he had “a problem with them.”
Will missing in estate fraud suit against disgraced lawyer, assistant
The original will at the center of a six-figure estate fraud case is missing, according to recent court filings in a civil lawsuit. Charities alleging the law firm that handled the estate absconded with the money also have subpoenaed the Indiana Supreme Court Disciplinary Commission for records in the related ethics case that led to the recent resignation of attorney and one-time judge Robert Monfort.
Northern District certifies negligence question to Indiana Supreme Court
An internal split within the Indiana Northern District Court over whether store managers may be held liable in certain negligence cases has prompted a federal judge to ask the Indiana Supreme Court for guidance.
Judge nixes Trump bid to delay suit from woman alleging rape
A New York judge knocked down President Donald Trump’s bid to delay a lawsuit from a woman who accused him of rape, ruling in a decision released Thursday that the presidency doesn’t shield him from the case.
Indiana state superintendent says schools can safely reopen
Indiana’s top education official said Thursday that she think schools can safely reopen despite mounting reports of students and staffers testing positive for the coronavirus within days of returning to the classroom in some districts.
Man who allegedly targeted Black neighbor with swastika, slurs charged with hate crime
| Associated Press and IL Staff
An Indiana man, allegedly angered by the removal of a tree, is charged with a hate crime for attempting to intimidate an African American neighbor because of his race, the U.S. Justice Department announced Thursday.
New York attorney general seeks to dissolve NRA
New York’s attorney general sued the National Rifle Association on Thursday, seeking to put the powerful gun advocacy organization out of business over claims that top executives illegally diverted tens of millions of dollars for lavish personal trips, no-show contracts for associates and other questionable expenditures.
Opinions Aug. 6, 2020
The following 7th Circuit Court of Appeals opinion was posted after IL deadline Wednesday.
Karen Vaughn v. Jennifer Walthall
19-1244
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Jane Magnus‐Stinson.
Civil. Reverses a grant of summary judgment and an injunction in favor of Karen Vaughn that required the state of Indiana to pay the costs of her necessary around-the-clock home-based health care not reimbursed by Medicaid. Finds Vaughn is entitled to care only to the extent that, working with the state, she can craft a program that complies with federal and state law and does not deprive Indiana of the ability to receive its share of federal reimbursement through the Medicaid program for services provided. Remands for proceedings.