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A former police trainee accused of causing a drunken-driving crash on Interstate 465 five summers ago will go back to court with more evidence against him. The Indiana Supreme Court on Monday ruled that results of a blood draw after he refused a breath test were wrongly suppressed in Marion Superior Court.
An Indianapolis man who came to the United States as a child and subsequently qualified for a limited visa as a victim of crime who cooperated with law enforcement was wrongly ordered deported, the 7th Circuit Court of Appeals ruled Friday. The decision also rejected caselaw that limited immigration judges’ ability to administratively close cases when warranted.
A woman who filed a legal malpractice claim in a matter that began more than 20 years ago failed to convince the 7th Circuit Court of Appeals that her complaint over the distribution of a trust was timely.
The Indiana Supreme Court has ordered a new trial for a man convicted of attempted murder and handgun charges, finding an erroneous jury instruction diluted the standard for claiming self-defense.
Indiana Court of Appeals Judge Margret Robb has been appointed to a five-year term on the Indiana Supreme Court Committee on Rules of Practice and Procedure, effective July 1. Robb succeeds COA Judge L. Mark Bailey, whose term on the committee will expire June 30.
Indiana’s longest-serving judge will continue hearing cases — at least part-time — after being certified as a senior judge last week. Indiana Court of Appeals Judge John G. Baker was certified a senior judge effective June 23, the date of an order signed Tuesday by Chief Justice Loretta Rush.
The Supreme Court on Thursday strengthened the Trump administration’s ability to deport people seeking asylum without allowing them to make their case to a federal judge.
The following 7th Circuit Court of Appeals opinion was posted after IL deadline Thursday.
Carmine Greene v. Westfield Insurance Company
19-2260
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Philip P. Simon.
Civil. Affirms summary judgment for Westfield Insurance in a lawsuit brought by Carmine Greene and neighbors of the VIM Recycling property in Elkhart, seeking an order that Westfield pay a $50.56 million environmental pollution damages judgment entered against VIM. Finds that summary judgment for Westfield was proper because two coverage exceptions in the insurance policy apply.
A jury verdict for a woman who was seriously injured in a fall on a snow-covered sidewalk outside a Crown Point grocery store was upheld Friday by the Indiana Court of Appeals.
A horseman who claims he was injured after another rider’s horse got loose during training exercises at Indiana Grand Racing & Casino didn’t win, place or show Friday at the Indiana Court of Appeals.
The Indiana Court of Appeals overturned a ruling that had prevented a couple from seeing their grandchild, finding the trial court’s grant of the mother’s petition to dismiss the paternity cause after the grandparents had intervened would likely extinguish their right to visitation.
A woman who learned years after she had been told that a hepatitis test was negative that in fact the test had come back positive had her case reinstated Friday by the majority of an Indiana Court of Appeals panel. Two of three judges found a clinic fraudulently concealed the woman’s positive test result.
A deaf man’s lawsuit that challenged the denial of a request for a sign language interpreter in a court-ordered family law modest means mediation was dismissed on appeal Friday.
Protesters claiming Fort Wayne law enforcement fired teargas canisters, flashbang grenades and rubber bullets into peaceful demonstrations filed a lawsuit Friday in federal court seeking to stop the use of chemical agents and projectiles.
A federal court ruling in favor of the insurer of a wood processing facility in Elkhart that was the subject of years of environmental litigation brought by neighbors was affirmed Thursday. The 7th Circuit Court of Appeals held Westfield Insurance owed no duty to cover its insured against an environmental damages award of more than $50 million.
A motorcyclist fleeing police died early Thursday after crashing into the rear of a semitrailer on Interstate 80/94 in northwest Indiana, State Police said.
An Indianapolis woman who embezzled nearly $540,000 from a company where she worked as controller and office manager for seven years has been sentenced to 37 months in federal prison.
As coronavirus cases rise in more than half of the states, the Trump administration is urging the Supreme Court to overturn the Affordable Care Act. The administration’s high court filing Thursday came the same day the government reported that close to half a million people who lost their health insurance amid the economic shutdown to slow the spread of COVID-19 have gotten coverage through HealthCare.gov.
After the 7th Circuit Court of Appeals vacated the district court’s denial of his motion to vacate his sentence, an Indiana man will have the chance to present his argument that if he had not followed the advice of his “constitutionally ineffective” lawyers and turned down a plea offer, his sentence would have been significantly less than the 92 months he received. One of the lawyers he accuses is now a magistrate judge.
The following 7th Circuit Court of Appeals opinion was posted after IL daily deadline Wednesday.
David L. Day, Jr. v. United States of America
18-2398
Appeal from the U.S. District Court for the Southern District of Indiana, Indianapolis Division
Judge Tanya Walton Pratt
Criminal. Vacates the denial of David Day’s pro se motion for relief from his 92-month sentence under 28 U.S.C § 2255. Rules the U.S. District Court for the Southern District of Indiana erred by denying the motion without an evidentiary hearing to hear Day’s arguments that his private attorneys were constitutionally ineffective for advising him to reject a favorable plea offer. Notes that to have his motion granted, Day will have to show a “reasonable probability” that he would have received a sentence lower than 92 months. Remands for an evidentiary hearing.