Indiana Court Decisions: Aug. 24-Sept. 6, 2023
Read Indiana appellate court decisions from the most recent reporting period.
7th Circuit Court of Appeals
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IN Northern District, 7th Circuit still waiting for vacancies to be filled: Magnus-Stinson announcement means IN Southern District will also soon have an opening
U.S. District Court for the Southern District of Indiana Judge Jane Magnus-Stinson has announced she will be assuming senior status in July 2024. That means the Biden administration will need to fill another federal judicial vacancy in Indiana.
Mistaken legal advice doesn’t rise to level of ‘extraordinary circumstance,’ 7th Circuit rules in affirming district court dismissal of habeas petition
The 7th Circuit Court of Appeals recognized that a man sentenced to a term of 72 years in prison was given erroneous legal advice to postpone the filing of his petition for a writ of habeas corpus, but affirmed a district court’s ruling to dismiss the petition.
District court committed no reversible error in sentencing drug trafficker to 25 years in prison, 7th Circuit affirms
The 7th Circuit Court of Appeals affirmed a district court’s 25-year prison sentence for a Kokomo man convicted of drug trafficking, rejecting the man’s claims that the court relied on hearsay and erred in applying an obstruction-of-justice enhancement.
7th Circuit vacates robbery sentence
A bank robbery sentence that “far exceeds” the statutory minimum must be revisited, the 7th Circuit Court of Appeals has ruled in vacating the sentence.
Kolar fields 1st questions from Senate Judiciary Committee as 7th Circuit nominee
The nominee to fill an Indiana vacancy on the 7th Circuit Court of Appeals faced some challenging questions on Capitol Hill on Wednesday as he took a first step toward possible confirmation by the full U.S. Senate.
‘Why are we here?’ IN Supreme Court hears arguments in case involving election laws, super PACs
In a case where both sides seemingly have the same position — that limiting corporate contributions to certain political action committees would be unconstitutional — the Indiana Supreme Court is weighing how to interpret state law.
Parents were prevailing party in administrative proceeding, could be awarded attorney fees, 7th Circuit rules in reversal
Because the parents of a child with disabilities were the prevailing party in an administrative proceeding, attorney fees could be awarded to them, the 7th Circuit Court of Appeals ruled in reversing a trial court’s decision.
Special verdict form in ADA case was not erroneous, 7th Circuit affirms
A special verdict form that a federal jury used to rule against a former Costco employee was not erroneous, the 7th Circuit Court of Appeals ruled in affirming a lower court’s decision.
Police nonprofit’s ‘untested, bespoke theory of liability’ falls short in defamation appeal at 7th Circuit
A nonprofit that purports to help police departments failed to convince the 7th Circuit Court of Appeals that newspaper articles questioning its legitimacy were defamatory, with the appellate court affirming a lower court’s decision.
Amici urging 7th Circuit to overturn injunction against law banning gender-transition procedures for minors
Multiple amici have filed briefs urging the 7th Circuit Court of Appeals to overturn an injunction against a new Indiana law that prohibits doctors from performing gender-transition procedures on minors.
Ballot access issues surviving court challenges ahead of 2024 elections: Minor parties, absentee voting at issue
Election-related lawsuits have challenged Indiana laws as they relate to ballot access for both candidates and voters. Decisions in those cases handed down in recent months have been mostly favorable to existing Indiana law.
Is paying bail ‘expressive’? Bail Project’s legal fight continues amid uncertain future
After running into another roadblock on its quest to overturn a state law that limits its operations in Indiana, The Bail Project isn’t committing one way or the other on whether it will continue working in the state.
Indiana Court Decisions: Aug. 10-23, 2023
Read Indiana appellate court decisions from the most recent reporting period.
State asks 7th Circuit to vacate injunction on law banning gender transitions for minors
The state has filed an appellant brief with the 7th Circuit Court of Appeals and is requesting that the court vacate a district court injunction that preliminarily enjoined a law that would have banned gender transition procedures for Indiana minors.
7th Circuit vacates forfeiture, finds district court lacked authority in amending judgment
The 7th Circuit Court of Appeals vacated a district court’s preliminary order for forfeiture against a man convicted of child pornography-related crimes in a per curiam order issued Wednesday and reinstated a final judgment issued in 2020.
Above-guidelines sentence is appropriate, 7th Circuit affirms
A man’s above-guidelines sentence for being a felon in possession of a firearm was not inappropriate given his criminal history, the 7th Circuit Court of Appeals ruled Tuesday.
Indiana law allowing voters over 65 to vote by mail not unconstitutional, 7th Circuit affirms
By granting older voters the right to vote by mail, Indiana is not abridging the right to vote of those under the age of 65 and does not violate the 26th Amendment, the 7th Circuit Court of Appeals ruled Tuesday in affirming a district court decision.
Indiana Court Decisions: July 27-Aug. 9, 2023
Read the latest Indiana appellate court decisions from the most recent reporting period.
7th Circuit certifies question of what constitutes ‘arson’ to IN Supreme Court, stays appeal challenging enhanced sentence for felon-in-possession conviction
The 7th Circuit Court of Appeals is asking the Indiana Supreme Court to provide guidance on what constitutes “arson” under state law.