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Indiana Court of Appeals
Madison County Board of Commissioners, Madison County Clerk, Madison County Auditor, and Madison County Election Board v. Kevin M. Sipe and Wesley T. Likens
20A-PL-51
Civil plenary. Reverses the Madison Circuit Court’s entry of a preliminary injunction requested by Kevin Sipe and Wesley Likens, who sought to enjoin the enforcement of a redistricting ordinance enacted by the Madison County Board of Commissioners before the 2020 elections. Finds the ordinance does not run afoul of the redistricting statute. Also finds Sipe and Likens cannot prevail on the merits of their case. Finally, finds the trial court erred in granting the preliminary injunction. Remands for proceedings consistent with the opinion.
A prisoner’s case has been reinstated after the 7th Circuit Court of Appeals found the Indiana Northern District Court’s denial of his three requests for appointed counsel prejudiced him.
A redistricting dispute initially resolved in favor of two citizens has been reversed in favor of the local Madison County government after the Indiana Court of Appeals found that an ordinance meant to more evenly distribute the population did not run afoul of the controlling redistricting statute. The ruling comes as Indiana prepares for the 2020 election season.
An inspection of a controversial Charlestown zoo will continue as scheduled this weekend after an Indianapolis judge denied a motion to stay the inspection until the identities of the inspectors are revealed.
An ongoing royalties dispute between Indiana spine surgeon Rick Sasso and medical-device giant Medtronic will continue in state court despite Medtronic’s efforts to remove the matter to a federal judge.
The Indiana Court of Appeals has upheld the grant of sole legal custody to the mother of a child with a rare genetic disorder upon finding the parents’ disagreements about the child’s medical and educational needs was impeding her development.
The Supreme Court made it easier Tuesday for states to prosecute immigrants who use fake Social Security numbers to get a job. The issue for the court was whether states could pursue the immigrants in court or had to leave those choices to the federal government, which typically has authority over immigration.
Chief Justice John Roberts on Wednesday criticized as “inappropriate” and “dangerous” comments that Senate Democratic leader Chuck Schumer made outside the Supreme Court earlier in the day about Justices Neil Gorsuch and Brett Kavanaugh.
A seemingly divided Supreme Court struggled Wednesday with its first major abortion case of the Trump era, leaving Chief Justice John Roberts as the likely deciding vote.
A southwestern Indiana correctional officer has been arrested after a female inmate he was transporting accused him of assaulting her. Malyk Jawaun Johnson, 23, of Montgomery was charged Wednesday with sexual battery, official misconduct and trafficking with an inmate, Indiana State Police said.
A lawsuit filed by 10 Hoosier children who argued Indiana should be required to provide legal counsel to youngsters involved in children in need of services proceedings was dismissed Tuesday in federal court. Attorneys who filed the case, however, indicated the matter is far from over.
The Charlestown zoo at the center both state and federal litigation is asking an Indianapolis court to delay an inspection scheduled to begin Friday until the identities of the inspectors are revealed, arguing the state litigation is being used to bolster federal claims brought by the animal-rights group PETA.
7th Circuit Court of Appeals
Ralph Oliver v. United States of America and Ryan Ross v. United States of America
17-2880 and 17-2902
Appeals from the United States District Court for the Northern District of Indiana, Hammond Division. Senior Judge Joseph S. Van Bokkelen.
Affirms the denial of Ralph Oliver’s and Ryan Ross’ motions to vacate their firearms convictions under 18 U.S.C. § 924(c). Finds express collateral-attack waivers in the defendants’ plea agreements are valid and bar their challenges to their convictions and sentences.
After a settlement conference was unsuccessful, oral arguments have been rescheduled for Tuesday in the case involving the former teacher at Cathedral Catholic High School in Indianapolis who was fired for being in a same-sex marriage.
William Adams, a 1978 graduate of Indiana University Maurer School of Law, has been selected as managing director of Accreditation and Legal Education at the American Bar Association, the group whose duties include training law school site evaluation teams, collecting law school data and providing guidance on compliance.
Two men claiming their firearms convictions should be invalidated after a 2019 Supreme Court ruling failed to find relief at the 7th Circuit Court of Appeals, which ruled that collateral-attack waivers in their plea agreements were valid and thus defeated their challenges to their convictions and sentences.
A panel of the Indiana Court of Appeals again denied relief to a man left permanently disabled in a drunken-driving crash, but the panel in a brief opinion on rehearing issued Wednesday corrected a prior statement of fact in the case.
A Lake County man who stabbed repeatedly stabbed his wife did not convince the Indiana Court of Appeals on Wednesday that his nearly 30-year sentence for the crime was inappropriate.
A LaPorte County man who tried to legally close the barn door after his horses allegedly got out and injured his neighbor must stand trial, the Indiana Court of Appeals ruled Wednesday. The panel also found the trial court erred by closing the courthouse door to evidence that it wasn’t the first time these horses went on the lam.