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The Indiana Supreme Court has agreed to decide whether police officers had probable cause to obtain a search warrant for a home they believed to be the location of an indoor marijuana growing operation after granting transfer to the case last week.
The following 7th Circuit Court of Appeals opinion was posted after IL deadline Friday:
United States of America v. Ali Al-Awadi
16-2643
Appeal from the United States District Court for the Southern District of Indiana.
Judge Tanya Walton Pratt.
Criminal. Affirms Ali Al-Awadi’s convictions of making and attempting to make child pornography. Finds the pattern jury instructions given to the jury accurately told the jury how to assess evidence of acts other than charged crimes, and the jury was instructed that the government had to prove the elements of the charged crimes beyond a reasonable doubt for Al-Awadi to be found guilty. Also finds evidence of Al-Awadi molesting a young girl was permissible because he placed his intent in taking sexually explicit pictures of the girl at issue, the molestation evidence was relevant to his intent, and the government’s evidence was not unduly repetitive. Finally, finds sufficient evidence supports the jury’s conclusion that Al-Awadi used the young girl to engage in sexually explicit conduct for the purpose of producing a visual depiction of the conduct.
The image of G. Michael Witte standing as the lone Hoosier Asian-American jurist 35 years ago contrasted starkly with the crowd he addressed Thursday, when the Indiana Chapter of the National Asian Pacific American Bar Association hosted its inaugural banquet.
A daycare worker convicted of taking sexually explicit photos of a 4-year-old girl in his care will remain in prison after the 7th Circuit Court of Appeals declined to throw out his convictions on the grounds of impermissible evidence or jury instructions.
Family and friends gathered Thursday in the courtroom of late the Senior Judge Larry McKinney at the Birch Bayh Federal Building and United States Courthouse in Indianapolis for a memorial to share stories and celebrate his life.
A man who murdered a friend and shot and wounded another lost his appeal that argued the jurist who rejected his guilty plea then presided over his murder trial wrongly denied a motion for a new judge.
A chaplain at White’s Residential and Family Services has been appointed to succeed Indiana Justice Christopher Goff as judge of the Wabash Superior Court.
An Indiana trial court erred in ordering parties in a paternity dispute to abide by the terms of a mediation agreement because the man who initially brought the paternity action did not have standing to do so, the Indiana Court of Appeals ruled.
Although the Indiana Court of Appeals sympathized with a trial court’s effort to reduce the stress on two brothers caused by their feuding divorced parents, the appellate panel still found the lower court overstepped its authority.
Friday opinions
Indiana Court of Appeals
Dyamond Harris v. Lafayette LIHTC, LP
79A02-1703-SC-638
Small claims. Reverses the Tippecanoe Superior Court’s judgment and writ of possession in favor of Lafayette LIHTC LP on its claim against Dyamond Harris for unpaid rent. Finds the trial court committed clear error by improperly shifting the burden of proof. Also finds the trial court violated Harris’ due process right to an impartial decision-maker.
A small-claims judge who failed to swear in litigants in a small-change rent lawsuit drew a rebuke and a reversal from the Court of Appeals Friday, who found she not only improperly shifted the burden of proof to the plaintiff, but also belittled and disparaged her.
Though the Indiana Court of Appeals had “significant concerns” about the transfer of trust assets in a dispute between stepsiblings, the appellate panel affirmed the trial court’s decision in favor of the stepbrother after finding his stepsister’s claims were barred by the statute of limitations.
A motorcyclist who sought damages for injuries he sustained while being detained in the Vanderburgh County Jail lost his appeal of his lawsuit, which the trial court tossed for not giving notice of the lawsuit before the statute of limitations expired.
While an Indiana commercial court failed to provide sufficient notice to a worker who was being sued by his former employer that sought to enforce a noncompete agreement, the Indiana Court of Appeals found the worker had waived his argument and affirmed a resulting injunction barring him from a new job at a competing company.
A man who pleaded guilty to felony child molesting pursuant to a plea agreement cannot challenge his requirement to register as a sexually violent predator, which was not a term of the agreement, because an SVP designation is a statutory mandate, the Indiana Court of Appeals ruled Friday.
The Indiana Court of Appeals has reaffirmed its decision ordering the state to return $30,000 in seized currency after granting rehearing Friday for the limited purpose of withdrawing a footnote.
A Mississippi-based bank that was sued for charging excessive overdraft fees was not entitled to coverage under its insurance policy because the policy specifically excluded claims arising from fees or charges, the 7th Circuit Court of Appeals has ruled.
An unsuccessful candidate for local political office in northwestern Indiana man was arrested Thursday on federal charges in connection with a pipe bomb that exploded last month at a post office, U.S. Attorney Thomas Kirsch II announced.
Work might soon start on building a new clock tower for a western Indiana courthouse more than 70 years after it was removed.
State officials are debating how to spend Indiana's nearly $41 million share of a Volkswagen court settlement.