Indiana Court Decisions — Jan. 3-17, 2019
Read Indiana appellate court decisions from the most recent reporting period.
7th Circuit Court of Appeals
Articles
Indiana case shines spotlight on solitary confinement
No one denies that Aaron Isby-Israel made bad, even criminal, choices that landed him in the Indiana Department of Correction. What is disputed is whether Isby should have remained in solitary confinement for a total of 28 years.
IMPD detective must stand trial on false affidavit in murder
An Indianapolis police detective who knowingly falsified information in an affidavit that led to the imprisonment of a man charged with murdering his elderly mother lost an appeal Tuesday and must face the falsely accused man’s civil lawsuit.
Federal courts’ cost-cutting extends funding another week
With the partial shutdown of the federal government the longest in history, the federal judiciary announced its cost-cutting measures have given it enough funding to remain in session at least until Jan. 25.
Federal judiciary operating on limited funds during shutdown
Federal courts are operating on limited funds during the partial shutdown of the federal government and are working to continue sustaining paid operations through Jan. 18, according to the Administrative Office of the U.S. Courts.
Indiana Court Decisions — Dec. 19, 2018-Jan. 2, 2019
Read Indiana appellate court decisions from the most recent reporting period.
Indiana’s abortion petition relisted at U.S. Supreme Court
Indiana’s petition for a review of its 2016 abortion law is still pending at the Supreme Court of the United States after the justices relisted the Hoosier state’s writ of certiorari for this Friday’s conference. The state is asking the Supreme Court to overturn a preliminary injunction blocking the implementation of a law that limits when a woman may terminate her pregnancy and mandates how fetal remains should be handled.
Sovereign citizen’s prison religion suit may be revisited
An Indiana prisoner and professed sovereign citizen who claimed his religious rights were violated when he was forbidden from fully participating in certain religious services may get another review, the 7th Circuit Court of Appeals ruled Wednesday.
SCOTUS to consider Indiana abortion, juvenile life cases in conference
Two cases from Indiana, including the controversial fetal remains disposal law, will be on the agenda when the justices of the U.S. Supreme Court meet for their next conference on Jan. 4, 2019.
7th Circuit affirms denial of habeus corpus petition
A prisoner petitioning for habeus corpus relief for the past decade was again denied when the 7th Circuit Court of Appeals found he was properly sentenced under the Armed Career Criminal Act.
7th Circuit reinstates hairdresser’s disability benefits case
A woman denied Social Security disability benefits was granted a second chance after a panel of the 7th Circuit Court of Appeals found her administrative law judge lacked substantial evidence to prove she wasn’t disabled.
Prosecutors concede 3 Buncich convictions should be vacated
Federal prosecutors concede there wasn’t enough evidence to convict former Lake County Sheriff John Buncich on three of the five wire fraud counts he was found guilty of and he should be resentenced. Prosecutors say they failed to introduce sufficient evidence of “Federal reserve payroll fund” transfers alleged in three counts of the indictment against Buncich and “the Court should vacate Buncich’s convictions on those counts.”
Year in Review: Hill sexual misconduct scandal top legal news story of 2018
Indiana Lawyer’s top story of 2018 began inside an Indianapolis bar in the cool early-morning hours of Thursday, March 15. Attorney General Curtis Hill had had a few drinks. A few too many, several witnesses would later claim.
Indiana Court Decisions — Dec. 5-18, 2018
Read Indiana appellate court decisions from the most recent reporting period.
Lawyer doesn’t help his own cause in federal court discipline matter
A Merrillville lawyer who asked the U.S. District Court for the Southern District of Indiana to reconsider discipline imposed on him drew a harsh reply from the court, which said his conduct “lends further support to … concerns about his competence as a lawyer.” The district court denied John H. Davis' motion to reconsider his removal from the court's Roll of Attorneys last week.
Questions in med-mal case bring 7th Circuit reversal
A Fort Wayne medical malpractice insurance company got a reprieve from having to cover a multi-million verdict in a wrongful death lawsuit after the 7th Circuit Court of Appeals reversed the grant of summary judgment, finding too many questions are unanswered.
Female Gary principal loses sex discrimination appeal
The 7th Circuit Court of Appeals affirmed the grant of summary judgment to northern Indiana school corporation when it found a female principal was not discriminated against based on her sex when a male candidate got the job she applied for.
Martinsville Texas Corral liability insurance doesn’t cover complaint from DirecTV
The 7th Circuit Court of Appeals affirmed the grant of summary judgment to an insurance company against two Martinsville Texas Corral restaurants when it found the companies insurance endorsement agreement did not cover a complaint filed by DirecTV.
Multiple Indiana voting laws on trial in federal court
Indiana, like many states, has been amending and enacting new voting laws in the name of stamping out voter fraud. Lawyers and civic organizations are challenging laws and regulations that they believe are restricting the right to vote.
Cellphone search warrant didn’t violate Fourth Amendment
The 7th Circuit Court of Appeals affirmed that a warrant authorizing police to search a man’s phone after a drug-deal gone wrong was not in violation of the Fourth Amendment, finding the warrant to be as specific as circumstances allowed.