7th Circuit upholds Fort Wayne man’s conviction for threatening assistant U.S. attorney
The 7th Circuit Court of Appeals upheld a lower court’s decision and denied a Fort Wayne man’s appeal after he was convicted of threatening a federal officer.
Appeals
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‘We all like certainty’: Attorneys want more clarity on appeal waivers
A series of cases and decisions in Indiana’s appellate courts have left some defense attorneys and at least one judge hoping for more clarity on what rights to appeal a defendant retains after they’ve agreed to a plea deal.
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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.
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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.
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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.
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Articles
Delphi killer Richard Allen transferred to Oklahoma facility
Richard Allen, the man convicted of killing two teenage girls in Delphi in 2017, has been transferred from Indiana to Oklahoma. The Indiana Department of Correction declined to provide a reason for the move.
7th Circuit upholds Evansville man’s drug, gun possession-related convictions
An Evansville man’s convictions in district court on several drug and gun possession offenses were based on overwhelming evidence and methamphetamine seized from his house fell within the legally permissible scope of a police search warrant, the 7th Circuit Court of Appeals ruled Friday
Attorneys for Richard Allen file appeal in Delphi double-murder conviction
Allen’s attorneys also seek reconsideration of a motion to correct error, which questions the timeline laid out by the prosecution at trial and whether exculpatory evidence was withheld.
Appeals court refuses to lift order blocking rule meant to expand protections for LGBTQ+ students
A federal appeals court on Wednesday refused to lift a judge’s order temporarily blocking the Biden administration’s new Title IX rule meant to expand protections for LGBTQ+ students.
Appeals court won’t hear arguments on Fani Willis’ role in Georgia Trump case until after election
A Georgia appeals court has set a December hearing for arguments on the appeal of a lower court ruling allowing Fulton County District Attorney Fani Willis to continue to prosecute the election interference case she brought against former President Donald Trump.
Appeals court says some NCAA athletes might qualify as employees under federal wage laws
College athletes whose efforts primarily benefit their schools might qualify as employees deserving of pay under federal wage-and-hour laws, a U.S. appeals court ruled Thursday in a setback to the NCAA.
7th Circuit finds care facility not liable for alleged harassment in employment discrimination case
The 7th Circuit Court of Appeals ruled a Newburgh-based long-term care facility was not liable for alleged harassment in an employment discrimination case filed on behalf of Black employees.
Judge clears way for Trump to appeal ruling keeping Fani Willis on Georgia 2020 election case
The judge overseeing the Georgia 2020 election interference case cleared the way Wednesday for Donald Trump and other defendants to appeal a ruling allowing Fulton County District Attorney Fani Willis to remain on the prosecution.
Here’s a look inside Donald Trump’s $355 million civil fraud verdict as an appeals fight looms
A judge ordered the former president to fork over $355 million of his fortune, plus interest, finding he lied for years about his wealth on financial statements he used to secure loans and make deals.
Trump not immune from prosecution in 2020 election interference case, US appeals court says
A federal appeals panel ruled Tuesday that Donald Trump can face trial on charges that he plotted to overturn the results of the 2020 election.
Not wearing a mask during COVID-19 health emergency isn’t a free speech right, appeals court says
A federal appeals court shot down claims Monday that New Jersey residents’ refusal to wear face masks at school board meetings during the COVID-19 outbreak constituted protected speech under the First Amendment.
Thief must repay $37K in restitution to Shelby County couple, but trial court must set payment schedule
A couple’s testimony that a man convicted of felony burglary stole $37,000 out of their safe constituted sufficient evidence for a restitution amount, the Court of Appeals of Indiana ruled Monday in affirming a lower court’s order.
Appeals court rejects Trump’s bid to reconsider gag order in election interference case
Washington’s federal appeals court on Tuesday rejected Donald Trump’s request to reconsider a gag order restricting the former president’s speech in the case charging him with plotting to overturn the 2020 election.
With Trump present in court, judges express skepticism of claims he’s immune from prosecution
With Donald Trump listening intently in the courtroom, federal appeals court judges in Washington expressed skepticism Tuesday that the former president is immune from prosecution on charges that he plotted to overturn the results of the 2020 election.
Indiana GOP files brief against Rust in primary challenge
The Indiana Republican State Committee filed an amicus brief last week supporting a law that limits who can run under major party banners in Indiana.
Trump appeals Maine ruling barring him from ballot under Constitution’s insurrection clause
Former President Donald Trump on Tuesday appealed a ruling by Maine’s secretary of state barring him from the state’s primary ballot over his role in the Jan. 6, 2021, attack on the U.S. Capitol.
Trump ballot ban appealed to US Supreme Court by Colorado Republican Party
The Colorado Republican Party on Wednesday appealed that state’s supreme court decision that found former President Donald Trump is ineligible for the presidency, the potential first step to a showdown at the nation’s highest court.
Litigation in Terre Haute housing project dispute must be stayed pending arbitration, COA rules in reversal
A general contractor and insurance company’s motion to enforce an arbitration agreement and stay litigation in a lawsuit brought by a housing developer should not have been denied, the Court of Appeals of Indiana ruled Wednesday in reversing a trial court’s order.
COA reverses summary judgment order in case involving IU student hit by falling window
Whether a window that fell and struck an Indiana University student in a campus building was under the control and management of the university constitutes a genuine issue of material fact, the Court of Appeals of Indiana ruled in reversing a lower court’s decision to grant summary judgment.