Articles

Opinions July 9, 2020

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Wednesday:
C.Y. Wholesale, Inc., et al. v. Eric Holcomb, et al.
19-3034
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Senior Judge Sarah Evans Barker.
Civil. Vacates the injunction prohibiting the state of Indiana from enforcing its criminal prohibition on the manufacture, delivery or possession of smokable hemp under Indiana Code § 35-48-3-10.1. Finds the district court’s injunction swept too broadly. Remands for proceedings.

Read More

Opinions July 7, 2020

7th Circuit Court of Appeals
Monwell Douglas v. Faith Reeves
18‐2588
Appeal from the United States District Court for the Southern District of Indiana, Terre Haute Division.
Chief Judge Jane Magnus-Stinson.
Civil. Affirms the Indiana Southern District Court’s grant of summary judgment to Faith Reeves against Monwell Douglas, an Indiana prisoner who claimed Reeves retaliated against him for activity protected by the First Amendment. Finds no reasonable jury could conclude that Reeves inflicted deprivations on Douglas likely to deter a person of ordinary firmness from engaging in First Amendment activity.

Read More

Supreme Court upholds cellphone robocall ban

The Supreme Court on Monday upheld a 1991 law that bars robocalls to cellphones. Six justices agreed that by allowing debt collection calls to cellphones, Congress “impermissibly favored debt-collection speech over political and other speech, in violation of the First Amendment.”

Read More

Opinions July 6, 2020

Indiana Court of Appeals
Robert Shorter v. State of Indiana
19A-CR-2904
Criminal. Affirms Robert Shorter’s convictions for Level 2 felony dealing in methamphetamine, Level 3 felony dealing in a narcotic drug, Level 3 felony conspiracy to commit dealing in a narcotic drug and Level 3 felony aiding, inducing or causing dealing in methamphetamine. Finds that the evidence was sufficient to support the convictions. Also finds no error in the admission of evidence that would violate the Fourth Amendment or Article 1, Section 11 of the Indiana Constitution. Judge Rudolph Pyle dissents with separate opinion.

Read More