Articles

High court closes courthouse door on slain Mexican teen’s family

The Supreme Court  of the United States ruled 5-4 Tuesday to close the courthouse door on the parents of a Mexican teenager who was shot dead over the border by an American agent. The case tested a half-century-old Supreme Court decision that allows people to sue federal officials for constitutional violations.

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Opinions Feb. 24, 2020

Indiana Court of Appeals
Sue Williams, Linda Wood, and Claude-Wood, as the Co-Personal Representatives of the Estate of Rachel A. Wood, Deceased v. Indiana Department of Correction, Corizon, Inc., et al.
19A-CT-1832
Civil tort. Affirms in part the Marion Superior Court’s entry of summary judgment to Corizon, Inc. nurses Tina Icenogle and Mary Grimes in a suit brought by the estate of Rachel Wood, who died while an inmate at the Indiana Department of Correction. However, holds the designated evidence readily demonstrates genuine issues of material fact on the estate’s claims of deliberate indifference. Reverses the entry of summary judgment for the remaining Corizon medical employees, for Corizon and for the DOC, which failed to discover Wood’s facially inconsistent medical records, her nonexistent treatment plans, or Corizon’s “completely and totally inadequate” medical settings. Remands for proceedings.

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CHINS statutory deadline overridden by trial rule

In a case of first impression, the Indiana Supreme Court found a trial rule trumped the CHINS statutory deadline after a mother was first granted a continuance, then moved to have the case dismissed because the court took longer than 120 days to complete the factfinding.

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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.

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