IndyBar Mourns Loss of Past President
The Indianapolis Bar Association is saddened to note the passing of 1990 IndyBar President Don Buttrey. Buttrey passed away on April 24, 2021.
Southern District
Articles
Man convicted of child porn not entitled to relief over criminal procedure rule, restitution dispute
A debate over a federal criminal procedure rule and a restitution order did not sway a 7th Circuit Court of Appeals panel, which upheld a man’s conviction and sentence for child pornography.
Ponzi schemer Cochran escalates fight for early release on COVID grounds
Jim Cochran, the former Indianapolis businessman serving a 25-year prison term for his role in the massive Fair Finance Ponzi scheme, is asking a Chicago appeals court for early release on the grounds that his health problems could make contracting COVID-19 lethal and that he has undergone a religious conversion that no longer makes him a risk to society.
Census Bureau: 70% of voters cast ballots early or by mail
More than two-thirds of all U.S. citizens of the voting age population participated in the 2020 presidential election, according to a new U.S. Census Bureau report, and 69% of those cast ballots by mail or early in-person voting — methods that Republicans in some states are curtailing.
SCOTUS wants Indiana to respond to absentee voting suit
U.S. Supreme Court justices want Indiana to justify its absentee voting restrictions and have formally requested the Indiana Attorney General’s Office to respond to a constitutional challenge after the state previously waived its right to reply.
Split 7th Circuit orders resentencing for murder defendant after ‘literally no assistance’
A convicted murderer who during sentencing received “literally no assistance from his lawyer” won resentencing after a majority of a 7th Circuit Court of Appeals panel reversed the denial of his habeas petition. A dissenting judge, however, opined that the majority’s holding improperly expands U.S. Supreme Court precedent.
Muncie police face new excessive force, false reporting charges
Three Muncie police officers are facing new allegations of using excessive force then attempting to cover up their actions after a new federal indictment. A fourth officer not previously indicted is now also being charged with a federal crime.
Judge upholds Indiana laws restricting wine deliveries
Indiana laws restricting the delivery of wine to consumers have been upheld by a federal judge who rejected constitutional challenges from an out-of-state retailer, in contrast to another recent ruling in a case challenging state alcohol licensing laws.
Judge blocks ‘discriminatory’ residency, sales requirements for alcohol permits
An Indiana law requiring bars and restaurants owned by out-of-state entrepreneurs to gross more than $100,000 in food sales each year to receive an Indiana alcohol permit has been permanently struck down as unconstitutional by a federal judge.
Garcia sworn in as Indiana Southern District magistrate judge
The first Hispanic judge on the U.S. District Court for the Southern District of Indiana has officially taken his seat on the bench.
Judge rejects Dish TV’s motion to dismiss WISH-TV discrimination lawsuit
A federal judge on Wednesday rejected Dish TV’s motion to dismiss a discrimination lawsuit brought against it by WISH-TV Channel 8 parent Circle City Broadcasting.
Open federal judiciary seats bring calls to focus on the process
As he marked the two-month anniversary of his presidency, Joe Biden had not nominated anyone to either the federal bench or a U.S. Attorney’s Office, which distinguished him from his two most recent predecessors. One retired member of Indiana’s judiciary, however, is calling attention to the worrisome problem that beyond open positions, the state has no clearly defined process for identifying qualified Hoosiers to fill the vacancies.
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.
Pratt named Indiana Southern District Court chief judge
Judge Tanya Walton Pratt has been named the new chief judge of the U.S. District Court for the Southern District of Indiana, the court announced Monday, making history as the first person of color to lead the court.
Rokita’s AG office defends governor’s mask order power in restaurant suit
Indiana’s attorney general’s office vigorously defended Gov. Eric Holcomb’s emergency powers in response to a restaurant’s lawsuit challenging his order that masks must be worn inside restaurants to stem the spread of the coronavirus.
7th Circuit orders hearing on counsel’s performance in habeas case
A man who received an enhanced federal sentence for robbery convictions has been granted a hearing on his ineffective assistance of counsel claim. The 7th Circuit Court of Appeals ruled Wednesday that under the facts of this case, defense counsel may have been required to anticipate future developments in caselaw.
Southern Indiana District Court on list for more judges
The Judicial Conference of the United States is asking Congress to create 79 new judgeships in federal courts across the country, including adding two new permanent judges in the Southern Indiana District Court.
Election bills tweaking Indiana voting laws
Compared to the battles surrounding voting bills in states such as Iowa and Georgia, the six bills that are moving through the Indiana General Assembly appear to be making rather mild tweaks to Hoosier election laws rather than attempting a controversial overhaul.
Employment lawyers expect businesses to impose new restrictions on remote workers
While in the post-pandemic world employees may still be able to spend at least a few days each month working in their pajamas, they will likely encounter more requirements, mandates and restrictions when doing so.
Maley: Recurring removal issues show numerous pitfalls
Removal from state court to federal court is a routine aspect of federal court practice, though one fraught with procedural pitfalls. Federal judges in Indiana frequently address removal issues, yet errors continue.