Justices reduce meth dealing sentence in split opinion
A divided Indiana Supreme Court has sided with an appellate judge’s dissent in a drug dealing case, lowering a woman’s decades-long sentence pursuant to Appellate Rule 7(B).
Court opinions
Articles
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.”
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.
Split COA affirms drug dealing convictions in warrantless search, arrest dispute
A divided appellate court has affirmed a man’s drug dealing and conspiracy convictions despite disagreement among the panel as to whether admitted evidence found during a warrantless arrest should have been excluded.
Appeals court corrects factual error but otherwise denies inmates’ rehearing request
An appellate panel has granted a man’s petition for rehearing, but only to correct a factual error it made in its original decision in his case.
Terre Haute firm loses fees appeal against former Illinois Congressman
A Terre Haute law firm is owed no additional money from one of its former clients, the Indiana Court of Appeals ruled Monday in an attorney fees lawsuit involving former Illinois Congressman Aaron Schock and his campaign committee.
7th Circuit temporarily stays federal execution set for next week
The 7th Circuit Court of Appeals has temporarily stayed an execution scheduled for next week after finding that two issues raised by a Terre Haute inmate were “worthy of further exploration.” Wesley Ira Purkey’s execution was scheduled for July 15, but now it will be stayed “pending the completion of proceedings in the Seventh Circuit.”
Justices rule states can bind presidential electors’ votes
The Supreme Court ruled unanimously Monday that states can require presidential electors to back their states’ popular vote winner in the Electoral College. The ruling, just under four months before the 2020 election, leaves in place laws in 32 states and the District of Columbia that bind electors to vote for the popular-vote winner, and […]
Indiana report says abortions dropped 5% in state last year
The number of abortions performed in Indiana fell by about 5% last year, according to a new state health department report.
Opinions July 2, 2020
Indiana Court of Appeals
Thomas R. Ysursa and Becker, Hoerner, Thompson & Ysursa, P.C. v. Frontier Professional Baseball, Inc.
20A-CT-49
Civil tort. Affirms the Marion Superior Commercial Court’s denial of the Ysursa parties’ motion to dismiss a lawsuit asserting legal malpractice over its involvement in litigation stemming from a failed bid to locate a Frontier Professional Baseball League team in Kokomo. Finds the commercial court did not err in finding there were sufficient minimum contacts between Ysursa and Indiana to establish personal jurisdiction, and the ruling was not unreasonable.
SCOTUS denies cert petition against South Bend abortion clinic
U.S. Supreme Court justices rejected a third Indiana abortion case on Thursday, refusing to hear a petition filed against an embattled South Bend abortion clinic that was permitted by a federal judge to open last summer.
Molester, 62, loses appeal claiming state didn’t prove he was at least 21
Common sense doomed a 62-year-old man’s appeal of his child molesting conviction Thursday in which he argued the state had failed to prove beyond a reasonable doubt that he was at least 21 years old.
Law firm strikes out in seeking to toss Kokomo baseball litigation
An out-of-state law firm can’t avoid a lawsuit in the Indiana Commercial Court alleging legal malpractice in its handling of litigation that arose from failed efforts pitching a minor league baseball team for Kokomo.
SCOTUS remands 2 Indiana abortion cases, won’t hear ‘buffer zone’ challenges
The U.S. Supreme Court on Thursday remanded to the 7th Circuit Court of Appeals two lawsuits challenging Indiana laws restricting abortions, leaving undisturbed for now lower court rulings striking down state laws that would have required stricter ultrasound measures and parental notification for mature minors.
Opinions June 30, 2020
Indiana Supreme Court
Marcus Lee McCain v. State of Indiana
20S-CR-281
Criminal. Affirms Marcus Lee McCain’s 45-year sentence for his conviction of voluntary manslaughter in the killing of Marcel Harris. Finds the Lake Superior Court did not abuse its discretion in imposing the sentence. Also finds that under Indiana Appellate Rule 7(B), the sentence is not inappropriate in light of the nature of the offense and McCain’s character.
7th Circuit rejects convicted killer’s habeas petition over uncommunicated plea deal
A convicted killer lost his appeal in a federal habeas case in which he claimed he was entitled to relief from a 65-year prison sentence because his lawyer failed to convey a plea deal before he was convicted after a second trial.
Judgment against widow in late husband’s workplace injury suit upheld
The widow of a man who sued his employer after a fall at a construction site failed to convince the 7th Circuit Court of Appeals that a federal district court ruled for her late husband’s employer.
7th Circuit finds judge misapplied prison rule without explanation
A judge who overturned prison discipline for an inmate who wrote an unauthorized check to a fellow inmate’s family member left a panel of the 7th Circuit Court of Appeals puzzled in a brief reversal Monday.
COA: No error in Decatur County divorce terms
The terms of a Decatur County divorce have been upheld on appeal, with the Indiana Court of Appeal rejecting arguments from both exes that the trial court erred in assessing and dividing assets and liabilities.
COA reverses denial of elderly man’s Medicaid application
An elderly man living in a nursing home was wrongly denied Medicaid benefits, the Indiana Court of Appeals ruled Tuesday, reversing a decision from the Indiana Family and Social Services Administration.