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As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowThe following opinions were published after IL’s deadline Monday:
7th Circuit Court of Appeals
David L. Lewicki v. Donald Emerson, Warden, Plainfield Correctional Facility
23-3030
Prisoner. Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Tanya Walton Pratt. Reverses the district court’s conditional writ of habeas corpus for David Lewicki and order for the State of Indiana to release Lewicki unless it provided him with a new appeal. Finds Lewicki, in his argument that he suffered prejudice and did not receive a speedy trial, does not explain why DNA evidence would have been unavailable had the case been tried earlier, and the amendment to which he alludes (the habitual offender allegation) can be made until 30 days before trial. Also finds prosecutors did not need or use delay to discover Lewicki’s criminal record.
Indiana Supreme Court
Jerry E. Russell, Sr. v. State of Indiana
21S‐LW‐451
Life imprisonment without parole. Affirms the Greene Superior Court’s resentencing order that sentenced Jerry Russell to life imprisonment without parole plus 73 years. Finds the mitigating circumstances in this case are substantially outweighed by the aggravating circumstances, and it is therefore the high court’s independent conclusion that Russell’s LWOP sentence is appropriate. Justice Christopher Goff dissents with separate opinion.
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