Man’s conviction for 1989 rape vacated
A Lake Superior Court has vacated the conviction and dismissed the charges against a Gary man who was wrongly punished for a 1989 rape and served his full sentence.
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COA affirms default judgment against Menards in injury lawsuit
A summons and complaint in a personal injury claim were adequately served on a Menards store in Gary, the Indiana Court of Appeals found Wednesday, so the store cannot seek relief from default judgment entered against it on the basis of the service of process.
Senate committee considers vacating trafficking victims’ convictions
Victims of human trafficking in Indiana could soon have a new mechanism for relief from charges brought against them while they were under the control of a trafficker if a new bill designed to vacate those charges is passed.
Trump taps conservative Judge Neil Gorsuch for Supreme Court
President Donald Trump has nominated Neil Gorsuch, a fast-rising conservative judge with a writer's flair, to the Supreme Court, setting up a fierce fight with Democrats over a jurist who could shape America's legal landscape for decades to come.
Indiana Senate panel considers adding drone-related crimes
Some Indiana lawmakers concerned that operators with nefarious intentions could turn peeping drones into peeping Toms are pushing to criminalize using the high-tech flying gadgets for voyeurism.
Man imprisoned for blast convicted in murder-for-hire plot
A man serving two life sentences in a deadly Indianapolis house explosion has been convicted of a murder-for-hire charge.
Eighth Amendment complaint splits 7th Circuit
A prisoner’s attempt to seek remedy for injuries he sustained from falling out of the bunk bed in his cell split the 7th Circuit Court of Appeals. The majority found the inmate did not sue the individuals who were responsible. However, Judge Richard Posner dissented, asserting a dog deserved better treatment than the prisoner received.
7th Circuit reverses dismissal of ‘arbitrary’ Appeals Council decision
The 7th Circuit Court of Appeals Tuesday reversed an Appeals Council decision to dismiss an Indiana man’s good cause request after initially granting the request, finding that the sudden change of course was arbitrary.
Eighth Amendment complaint splits 7th Circuit
A prisoner’s attempt to seek remedy for injuries he sustained from falling out of the bunk bed in his cell split the 7th Circuit Court of Appeals. The majority found the inmate did not sue the individuals who were responsible. However, Judge Richard Posner dissented, asserting a dog deserved better treatment than the prisoner received.
COA upholds denial of IRA garnishment
The Elkhart Superior Court was within its discretion when it asserted a garnishment exemption on a debtor’s behalf because there are exceptions that allow a debtor to receive the benefit of an exemption without asserting it, the Indiana Court of Appeals decided Tuesday.
Victim’s posthumously admitted testimony supports murder conviction
A woman’s deposition identifying to police the man who shot her in the face was properly admitted in the suspect’s murder trial after the victim died, the Indiana Court of Appeals ruled Tuesday.
Opinions Jan. 31, 2017
7th Circuit Court of Appeals
Estate of William A. Miller, by its representatives Patrick T. Chassie and Linda Wilkerson v. Helen J. Marberry and Gary Rogers.
15-1497.
Appeal from the United States District Court for the Southern District of Indiana, Terre Haute Division. Chief Judge Jane Magnus-Stinson.
Prisoner. Affirms the grant of summary judgment to Helen Marberry and Gary Rogers. Judge Richard Posner dissents with separate opinion.
‘Dismayed’ by trial court, COA orders resentencing
An Indianapolis judge who sentenced a defendant to jail without permitting him to speak on his own behalf disregarded state law and violated the defendant’s rights, a panel of the Indiana Court of Appeals held in a stern ruling.
Sheriff’s department not liable in death of former deputy’s wife
The Harrison County Sheriff’s Department cannot be held liable for the death of the wife of one of its former deputies who used her husband’s gun to kill herself. The Indiana Court of Appeals held Tuesday the deputy was acting as a husband, not a law enforcement official, during the incident.
Indianapolis jail at Twin Aire touted as criminal justice reform
Dozens of city, county, neighborhood and social services representatives gathered in the bracing cold Tuesday morning on the site of the decade-defunct Citizens Gas and Coke Utility plant site in the Twin Aire neighborhood just about three miles southeast of downtown Indianapolis. A new criminal justice center is proposed to rise in the 2900 block of East Prospect Avenue.
Holcomb cautiously backs Trump immigration order
Indiana’s governor is giving cautious support to President Donald Trump’s executive order restricting refugees and immigration into the country.
Syrian family denied entry sues Trump administration
A lawsuit has been filed against the Trump administration on behalf of a Syrian family who was denied entry into the United States at the Philadelphia airport over the weekend.
Fueled by protest, liberals push for blockade of Trump picks
Democrats are racing to respond to the wave of liberal outrage triggered by President Donald Trump, jumping into protests, organizing rallies and vowing to block more of the new president's nominees — including, possibly, his pick for the Supreme Court.
COA affirms revocation of good time credit
A man whose disciplinary actions resulted in the loss of good time credit in a county community corrections program was not entitled to have that credit restored when his probation was revoked and he was ordered to serve the balance of his sentence, the Indiana Court of Appeals decided Monday.
Divided COA reverses denial of proceedings supplemental
A divided Indiana Court of Appeals panel has reversed a trial court’s denial of a motion for proceedings supplemental in a civil case, writing that it was incumbent upon the county clerk, not the litigant, to ensure that a criminal court knew of a lien against criminal bond proceeds.