Reversal: Consecutive sentences inappropriate in drug-dealing conspiracy case
The Indiana Court of Appeals has reversed a man’s consecutive sentences for his conspiracy to commit dealing convictions after determining they were inappropriate.
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Justices: Seized evidence must be suppressed in GPS tracker case
Though the ruling may result in a drug crime going unpunished, the Indiana Supreme Court has reversed the denial of a motion to suppress evidence, finding a lack of probable cause to support the underlying search warrants.
Bill extending sex crimes statute of limitations advances to full House
“How many more victims will there be?” Dawn Price, a survivor of childhood sexual abuse, posed that question before the Indiana House Courts and Criminal Code Committee on Wednesday while testifying in support of legislation that would extend the amount of time victims have to prosecute their perpetrators.
SCOTUS considering South Bend abortion clinic case without evidence of clinic corrections
The bid to take yet another Indiana abortion case to the United States Supreme Court will proceed without evidence of a South Bend abortion clinic’s efforts to correct state licensing violations. The procedural ruling comes as the nation’s highest court is set to consider the case in conference Friday.
Justices return for season of big decisions, amid campaign
The U.S. Supreme Court is poised to issue campaign-season decisions in the full bloom of spring in cases dealing with President Donald Trump’s tax and other financial records, abortion, LGBT rights, immigration, guns, church-state relations and the environment.
ACLU files Wabash County Jail overcrowding suit
Raising allegations of unconstitutional conditions, the American Civil Liberties Union of Indiana has filed a lawsuit against Wabash County for “chronic” jail overcrowding.
Intel officials say Russia boosting Trump candidacy
Intelligence officials have warned lawmakers that Russia is interfering in the 2020 election campaign to help President Donald Trump get reelected, according to three officials familiar with the closed-door briefing.
Trump ally Roger Stone sentenced to 40 months in prison
Trump loyalist and ally Roger Stone was sentenced Thursday to more than three years in federal prison, following an extraordinary move by Attorney General William Barr to back off his Justice Department’s original sentencing recommendation.
Timbs forfeiture case back in trial court for excessiveness ruling
Little more than a year after the United States Supreme Court handed down a landmark decision incorporating to the states the Eight Amendment protection against excessive fines, the Grant County man who bears the name of the case is headed back to trial.
Expungement wait-time case sparks confusion during oral argument
Questions about whether minor felonies reduced to misdemeanor convictions should trigger new five-year waiting periods for people seeking a criminal expungement caused confusion Thursday among some members of the Indiana Supreme Court.
Holcomb orders steps on Lake Michigan shoreline erosion
As the Great Lakes continue to rise to record levels and the Indiana shoreline of Lake Michigan continues to erode and put at risk nearby homes, roads and infrastructure, Gov. Eric Holcomb on Thursday took official action that may be a catalyst for a future disaster declaration.
Opinions Feb. 20, 2020
Indiana Court of Appeals
Jason Pfledderer and Walking With Jesus Ministries v. DeParris Pratt
19A-SC-1723
Small claims. Reverses the judgment of the St. Joseph Superior small claims court in favor of DeParris Pratt on his claim of wrongful ejectment against Jason Pfledderer and Walking With Jesus Ministries after Pratt was barred from continuing to live in a ministry-operated residence. Holds the ministry falls under an exception to Indiana’s landlord-tenant statutes. Remands with instructions to enter judgment for Pfledderer and the ministry.
Appeals panel upholds South Bend murder conviction
A man convicted of murdering the person he believed was responsible for killing his sister failed to convince a panel of the Indiana Court of Appeals that his conviction was in any way flawed.
Reversal: Ministry’s re-entry program excepted from landlord-tenant statutes
A South Bend ministry that provides transitional housing and job training for people re-entering society after incarceration won an appeal against a man who was awarded damages after claiming he was wrongly barred from the property and forced to come up with money to stay at a hotel.
Toxic Superfund cleanups decline to more than 30-year low
The Trump administration completed the fewest cleanups of toxic Superfund sites last year than any administration since the program’s first years in the 1980s, figures released by the Environmental Protection Agency indicated Wednesday.
Kokomo councilman ‘sorry’ for Islamophobic posts won’t resign
An Indiana city councilman whose predecessor resigned after posting Islamophobic comments online says he will not step down after he was also criticized for sharing similar views on Facebook.
IRS to visit high-income taxpayers who fail to file
If you earn six figures and haven’t been filing your taxes, the IRS may come knocking. The agency said Wednesday it is stepping up efforts to visit high-income taxpayers who failed in prior years to file their tax returns on time.
Lawmakers considering central Indiana regionalism legislation
Indiana lawmakers are considering legislation that would allow the communities in central Indiana to create a regional development authority, but the framework isn’t exactly what advocates initially proposed.
4 Indianapolis teens charged in fatal shooting of 3 men, 1 woman
Four teenagers were charged with murder Wednesday in the fatal shooting of three young men and a young woman found slain in a ransacked Indianapolis apartment, authorities said.
Opinions Feb. 19, 2020
The following 7th Circuit Court of Appeals opinion was posted after IL Deadline Tuesday.
United States of America v. Marvin Cates
19-1042
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Senior Judge Robert L. Miller Jr.
Criminal. Affirms the denial of Marvin Cates’ motion to withdraw his guilty plea to possession a firearm with a prior felony conviction on the basis of ineffective assistance of counsel. Finds the record contains insufficient evidence to support Cates’ ineffective-assistance claim on direct appeal.