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Opinions Feb. 27, 2019

7th Circuit Court of Appeals
The following opinion was posted after IL deadline Tuesday.
Leroy Washington v. Marion County Prosecutor
17-2933
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Jane Magnus-Stinson.
Civil. Denies the Marion County prosecutor’s motion to dismiss Leroy Washington’s civil forfeiture appeal as moot following statuary amendments made to Indiana’s vehicle forfeiture statute. Finds the U.S. District Court for the Southern District of Indiana was not given the chance to address the amendments. Remands to the district court to address Washington and the prosecutor’s contentions regarding the amendments.

7th Circuit remands Indiana civil forfeiture case

In another dispute in an Indiana civil forfeiture case, the 7th Circuit Court of Appeals has denied issuing an opinion on a district court ruling that found parts of the state statute unconstitutional, finding the lower court was not given a chance to address the state’s effort to fix the problem.

Judge: Mom ‘knowingly and willfully’ violated child’s vaccination order

An Indianapolis mother, who was previously found to be in contempt of court for trying to circumvent the custody agreement that required her daughter be vaccinated, was found to have “knowingly and willfully” violated an Indiana Court of Appeals order that gave the father the sole ability make decisions about vaccinating the child.

Inattentive mom’s loss of custody upheld; pauper status granted

A mother trying to further her education without a stable income lost her appeal to keep custody of her son after she twice left him unattended due to substance abuse but was granted her request to make the costs of her case a public expense.

Man seeks return of 51 guns taken under ‘red flag law’

An Indianapolis man is again petitioning for the return of his 51 confiscated firearms after a judge previously determined him dangerous due to his bizarre behavior near a Bloomington bar. But an Indiana Court of Appeals panel Tuesday seemed to struggle with the argument that he was still dangerous six years later.

Cohen says Trump knew about WikiLeaks email dump beforehand

President Donald Trump’s former personal lawyer told Congress on Wednesday that Trump knew ahead of time that WikiLeaks had emails damaging to Hillary Clinton’s presidential campaign, and he testified that Trump is a “racist,” a “conman” and a “cheat.”

Hemp bill’s chances growing with Senate passage

Farmers hoping to add a new crop to their rotation next planting season just moved closer to that dream, now that the Indiana Senate voted nearly unanimously to pass an agricultural hemp bill.

Justices grant 1 transfer, deny 26 others

The Indiana Supreme Court considered petitions to transfer in 27 cases during the past week, granting just one, which also was decided last week.

House passes tighter rules on Indiana veterans fund grants

A bill aimed at tightening management of an Indiana grant program for struggling military veterans has been approved by the Indiana House after news reports that a state agency awarded grants to its own employees.

Supreme Court: Judges can’t rule from the grave

Federal judges can’t rule from the grave, the US Supreme Court held Monday, writing that a federal court can’t count the vote of a judge who died in a decision issued after the judge’s death. The justices said “federal judges are appointed for life, not for eternity.”

Snapchat video of man with gun admissible, COA rules

A popular social media app contributed to a man’s conviction, which he argued portrayed him in the wrong light under Evidence Rule 404(b). However, the Indiana Court of Appeals rejected his argument when it found the video was not meant to target his character, but rather the evidence of his crime.