Indiana Court decisions – Feb. 27-March 11, 2020
Read Indiana appellate decisions from the most recent reporting period.
7th Circuit Court of Appeals
Articles
Indiana must recognize both spouses in female same-sex marriages as parents
A federal court issued an order Tuesday requiring Indiana to include non-birth mothers’ names on their children’s birth certificates, marking a milestone in a long legal battle.
7th Circuit: Mother’s sentence, restitution order affirmed in child porn case
A Hammond woman convicted for possession of child porn will keep her enhanced sentence and restitution order after the 7th Circuit Court of Appeals affirmed the rulings in her case Friday.
$1.8M restitution order vacated in car dealership fraud
The 7th Circuit Court of Appeals has reversed and remanded for the recalculation of restitution to be paid by a man involved in fraudulent activities at an Indianapolis car dealership.
Conviction upheld for ex-Gary city employee who ordered, sold iPads
A former employee of the City of Gary who purchased more than $1.3 million in computer equipment and resold it for cash lost an appeal of her conviction and sentence before the 7th Circuit Court of Appeals on Tuesday.
Coronavirus impacting Indiana courts, law firms, schools
The Indiana legal community is taking precautions and ramping up efforts to stay healthy as the coronavirus spreads. Meanwhile, Faegre Drinker announced Wednesday that it had reopened most of its offices Wednesday, including its Indianapolis location. The firm had closed all 22 of its global offices Tuesday after a person who attend a firm event in Washington, D.C., tested positive for COVID-19.
7th Circuit: Litigious inmate’s transfer not retaliation
An inmate serving a life sentence who is known for being a “quintessential jailhouse lawyer” did not prevail in an appeal to the 7th Circuit Court of Appeals on Friday after the court found his transfer to another prison prompted by his multiple and continued grievances was not a move of retaliation.
Millionaire tax cheat’s bid to reconsider restitution rejected
A former accountant and entrepreneur who failed to claim millions of dollars in income on his tax returns and falsely claimed poverty to get his children scholarships from prestigious schools got no relief on required restitution in a federal appeal, even though some of the parties to whom restitution was ordered have said they don’t want the man’s money.
7th Circuit reinstates prisoner case after 3 denied requests for counsel
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.
7th Circuit: Collateral-attack waivers in plea deals defeat firearms appeals
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.
Indiana Court decisions – Feb. 13-26, 2020
Read Indiana appellate court decisions from the most recent reporting period.
Legislation, lawsuits used to combat Indiana’s lead problem as contamination cases persist
Organizations and individuals around Indiana have been pushing for a solution to the lead problem. The toxin is everywhere and exposure, especially in very young children, can cause lifelong cognitive impairment.
7th Circuit affirms communications company’s easement use in trespass case
The joint use of a Jeffersonville easement between a Louisville gas company and a communications company is permissible under Indiana law, the 7th Circuit Court of Appeals held Monday. As such, it found no basis for relief against the communications company for a man fighting its use of the easement.
Indiana ordered to pay $182K in abortion case attorney fees
The state of Indiana is on the hook for more than $182,000 in attorney fees and costs related to a long-fought legal battle over a controversial abortion law that went all the way to the U.S. Supreme Court.
7th Circuit rejects ineffective-assistance claim on direct appeal
A federal inmate who chose to raise an ineffective-assistance claim on direct appeal has lost his bid to overturn his guilty plea, with the 7th Circuit Court of Appeals finding that his strategic decision to raise the issue on direct appeal led to a lack of sufficient evidence.
7th Circuit partly reinstates late worker’s wrongful termination case
A trailer factory worker’s lawsuit against the employer who fired him after he sustained a broken rib was partially reinstated by the 7th Circuit Court of Appeals, which found there may be evidence the company interfered with his rights under the Family and Medical Leave Act.
7th Circuit reinstates habeas case for inquiry about man’s brain injury
Questions about whether a man’s brain injury caused his delay in seeking review in his case should be determined by the Southern District Court, and if so, whether the circumstances collectively justify the use of equitable tolling, the 7th Circuit Court of Appeals ruled Wednesday.
7th Circuit upholds judgment for bank in HHGregg bankruptcy dispute
A major home appliance company could not convince the 7th Circuit Court of Appeals to rule in its favor in a Chapter 11 appeal as it sought to reclaim goods sold to now-defunct Indianapolis-based retailer HHGregg on the eve of its bankruptcy.
7th Circuit reverses denial of disability benefits, awards benefits in ‘rare step’
In taking what it called a rare step, the 7th Circuit Court of Appeals has ordered an award of disability benefits to a woman who was previously denied her request for them. The 7th Circuit concluded an administrative law judge’s decision denying her request was not supported by substantial evidence.
‘Pipeline’ of judicial nominees may fill Northern Indiana’s pending vacancy
The White House announced Wednesday plans to nominate a handful of new district court judges, but not included on the short list was a nominee to fill the coming vacancy on the U.S. District Court for the Northern District of Indiana.