The state has filed its opening brief challenging class certification in the case against Indiana’s near-total abortion ban based on the Religious Freedom Restoration Act.
The art of persuasion: Hoosier attorneys support rule change regarding memorandum decisions
The relatively few words tacked onto the end of Indiana Rule of Appellate Procedure 65(D) were the result of nearly a decade’s worth of effort by Hoosier lawyers.Read More
HHC of Marion County seeks to roll back private right of enforcement
In hindsight, attorneys say, the footnote in the brief to the 7th Circuit Court of Appeals filed by the Health & Hospital Corporation of Marion County provided the clue for what has since come.Read More
Hendricks County hog-farm fight gets even messier
Plaintiffs assert the defendants are pursuing litigation to retaliate and deter the Hoosier Environmental Council from helping residents of rural communities push back against “the powerful livestock industry” and protect themselves from the pollution caused by factory farms.Read More
New murder trial affirmed for Elkhart man with mental disability
A man with a mental disability who has for years claimed he was wrongfully convicted of an Elkhart murder and who spent more than 15 years behind bars can proceed to a new trial after the Indiana Court of Appeals upheld a post-conviction relief order vacating his murder conviction.Read More
I have no doubt that this year’s Appellate Roundtable, which will take place on at 4 p.m. Oct. 5 at IndyBarHQ, will be enlightening.
The Court of Appeals of Indiana heard oral arguments Monday at one of the largest event venues in the state, as the Indiana Pacers welcomed the appellate court to Gainbridge Fieldhouse.
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.
The Court of Appeals of Indiana affirmed a trial court’s involuntary commitment order of a woman to the Logansport State Hospital for treatment, finding that there was clear and convincing evidence that the woman is mentally ill.
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.
A man convicted and sentenced for sexual misconduct with a minor following a mistrial faced double jeopardy in the subsequent trial, a split Court of Appeals of Indiana has ruled in reversing a lower court’s decision.
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.
COA reverses, remands trial court decision after finding enforcement of clause determining jurisdiction would not be ‘just or reasonable’
The Court of Appeals of Indiana reversed a trial court’s judgment that granted a motion to dismiss in a case involving extensive damages and cleanup at a southwest Indiana poultry processing plant.
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.
COA affirms trial court’s award for $4.3M to Illumination; Vannin petitions for rehearing, looks for reversal
The Court of Appeals of Indiana has affirmed a trial court’s judgment awarding more than $4.3 million to a Lafayette company that put a down payment in 2020 toward the purchase of 705,300 boxes of nitrile gloves, but never received the full order of gloves.
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.
‘Bright-line rule’ precluded accepting untimely response to summary judgment motion, COA rules in reversal
A man’s late response to a motion for summary judgment should not have been accepted, even though it wasn’t electronically delivered to counsel because of a “technical error,” the Court of Appeals of Indiana has ruled in reversing a lower court’s decision.
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.
COA affirms post-conviction court’s denial of change of judge motion to man serving 48-year sentence
A post-conviction court displayed no bias or prejudice and did not clearly err when it denied a man’s change of judge motion, the Court of Appeals of Indiana affirmed Wednesday.
An inventory search of a man’s truck that led to a possession of methamphetamine conviction didn’t violate his rights against unreasonable search and seizure, a split Court of Appeals of Indiana has ruled in affirming a lower court’s decision.
Judge declines to clarify who’s covered under RFRA-based injunction of state’s near-total abortion ban
The Marion Superior Court has declined to provide clarity on who is covered under a temporary injunction entered against the state’s near-total abortion ban on religious freedom grounds.
Mail-order access to a drug used in the most common form of abortion in the U.S. would end under a federal appeals court ruling issued Wednesday that cannot take effect until the Supreme Court weighs in.
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.
Indianapolis teacher appeals denial of injunction against law prohibiting ‘human sexuality’ instruction in grades K-3
An Indianapolis teacher has filed an appeal to overturn a federal judge’s denial of her motion for a preliminary injunction against a new Indiana law that prohibits instruction on human sexuality in grades K-3.