Court opinions

7th Circuit: Women’s services ad can be posted in buses

June 23, 2016
Scott Roberts
The 7th Circuit Court of Appeals found a women’s health organization can advertise on city buses because its ad does not violate any of the transit company’s ad policies, overturning a Northern District of Indiana decision.
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7th Circuit: Omission of fibromyalgia diagnosis reversible error

June 23, 2016
Scott Roberts
The 7th Circuit Court of Appeals ruled that an administrative law judge’s omission of fibromyalgia from a woman’s list of impairments was not supported by the evidence and reversed denial of her application for supplemental security income.
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Justices rule jury instruction not fundamental error

June 22, 2016
Scott Roberts
The Indiana Supreme Court found a jury instruction that jurors “shall presume” that a man’s alcohol concentration equivalent was above the legal limit if his chemical test, taken hours later, was at 0.08 or higher was not fundamental error. As such, it affirmed his conviction.
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Appeals court reverses adoption petition

June 22, 2016
Scott Roberts
The Indiana Court of Appeals reversed an adoption petition after it found the adoptive mother did not participate in a sufficient background check and the court should have combined the adoption proceedings with a paternity hearing that was also occurring at the same time.
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COA: Unreturned warrant doesn’t justify trial delay

June 22, 2016
Scott Roberts
A man’s criminal charges will be dismissed after Indiana Court of Appeals found the fact that a warrant for his arrest was not returned to trial court didn’t mean the court was absolved of its responsibility to grant him the speedy trial he asked for.
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Abortion, race, immigration among last Supreme Court cases

June 21, 2016
 Associated Press
It happens every June. The Supreme Court of the United States nears the finish line with the most contentious cases still to be resolved.
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COA: ADA does not apply in termination proceedings

June 21, 2016
Scott Roberts
The Indiana Court of Appeals ruled the Americans with Disabilities Act does not apply in termination of parental rights proceedings in a case where a deaf father with cognitive and mental health problems appealed the termination of his parental rights to his son.
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Appeals court affirms reinstatement of drug sentence

June 17, 2016
Scott Roberts
The Indiana Court of Appeals affirmed the reinstatement of a woman’s sentence after she was terminated from drug court, finding a request for new counsel she made was too late and a stay of her drug court supervision was meant to help her, not harm her.
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COA dismisses appeal of agreed judgment

June 17, 2016
Scott Roberts
The Indiana Court of Appeals upheld long-standing precedent when it dismissed an appeal of an agreed judgment between a law firm and a couple that accused the firm of malpractice.
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Appeals court affirms town’s annexation ordinance is void

June 16, 2016
Scott Roberts
The Indiana Court of Appeals ruled a town’s failure to include roads in an annexation ordinance where it sought to annex two pieces of land rendered the ordinance void.
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COA: Judge’s comments do not require dismissal of charges

June 16, 2016
Scott Roberts
The Indiana Court of Appeals ruled a trial court judge’s inappropriate comments during trial did not “goad” the defense into asking for a mistrial and affirmed denial of the defense’s motion to dismiss child molesting, rape and sexual misconduct charges against the defendant.
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Justices toss meth conviction, advise courts on indigent depositions

June 16, 2016
Dave Stafford
A Huntington County man’s conviction for dealing meth and 40-year sentence were reversed Thursday by the Indiana Supreme Court, which remanded the case for a new trial and used the decision to send a message to trial courts. The court ruled the denial of depositions of state witnesses by indigent defendants must be supported in the record by findings of fact.
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COA upholds kidnapper's sex offender status

June 16, 2016
Scott Roberts
A prisoner at the Indiana Department of Correction failed to convince the Indiana Court of Appeals that his sex offender classification should be dropped as the COA found it did not violate the ex post facto clause of the Indiana Constitution.
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Statute of limitations bars rate hike claim

June 15, 2016
Scott Roberts
The Indiana Court of Appeals ruled the statute of limitations had expired for a member of a power cooperative to challenge its parent company’s change from state to federal regulation and upheld summary judgment for the parent company.
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7th Circuit: Man did not need Miranda warnings

June 15, 2016
Scott Roberts
The 7th Circuit Court of Appeals ruled Tuesday that a man was not under arrest when he was questioned by police and therefore did not need to be given his Miranda warnings after the man claimed he did not voluntarily agree to speak to police.
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COA: Notice of sale was mailed within required time period

June 14, 2016
Scott Roberts
The Indiana Court of Appeals found notice of a tax sale was mailed 21 days before the sale took place as prescribed by Indiana Code, so it affirmed the denial of a man’s motion to set aside tax deeds on property he used to own.
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7th Circuit affirms government employees must resign after elected to office

June 10, 2016
Scott Roberts
The 7th Circuit Court of Appeals upheld an Indiana law that prevents people employed by the government to also hold elected office in the same municipality they are employed in. The law was challenged by a host of individuals who both serve on city and town councils and work for the same town as police officers, office managers and firefighters.
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COA majority finds double jeopardy violations on rehearing

June 10, 2016
Scott Roberts
The Indiana Court of Appeals ruled on rehearing that a man’s two convictions for resisting law enforcement violated Indiana’s double jeopardy prohibition and remanded the case to trial court to vacate one of them.
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Court affirms bank entitled to foreclose on mortgage

June 10, 2016
Scott Roberts
The Indiana Court of Appeals affirmed the foreclosure on a man’s mortgage after it found a mistake in making the deed for the property did not mean the man did not own it at the time of a modification agreement.
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7th Circuit upholds Fogle’s above-guidelines sentence

June 10, 2016
Scott Roberts
The 7th Circuit Court of Appeals affirmed former Subway pitchman Jared Fogle’s 188-month sentence Thursday afternoon for distributing and receiving, as well as conspiring to distribute and receive child pornography. Fogle challenged his sentence after the District Court imposed one above the sentencing guidelines.
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SCOTUS says judges can recall discharged juries

June 9, 2016
 Associated Press
The Supreme Court of the United States said Thursday that judges may — in rare circumstances — call a jury back to the courtroom after it has delivered a verdict and been dismissed.
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Mentally ill women should have attorney, 7th Circuit rules

June 8, 2016
Scott Roberts
The 7th Circuit Court of Appeals ruled a mentally ill woman who filed a federal lawsuit challenging her conviction and sentence for murder should have had a lawyer appointed to her and remanded the case to District Court.
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COA: Juvenile court has no jurisdiction to modify custody agreement

June 8, 2016
Scott Roberts
The Indiana Court of Appeals ruled a juvenile court does not have jurisdiction to modify a paternity court’s custody order and sent the case back to the lower court.
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COA majority: Mayor has power to terminate utility superintendent

June 8, 2016
Scott Roberts
The Indiana Court of Appeals reversed summary judgment in a split decision Wednesday for former city of Lawrence Utilities Board Superintendent Carlton Curry, finding the newly elected mayor had authority to terminate Curry’s employment and therefore Curry can't prevail on a wrongful discharge claim.
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COA affirms $147,000 judgment against smelter manufacturer

June 7, 2016
Scott Roberts
The Indiana Court of Appeals affirmed a $147,000 judgment against a manufacturer of lead smelters, finding the trial court did not abuse its discretion when it entered default judgment against the company when it did not respond properly to a complaint.
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