Indiana high court won’t hear appeal in girl’s crash death
Indiana’s high court won’t be taking up a woman’s appeal of her convictions in her 6-year-old daughter’s death in a 2017 highway crash.
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Whistleblower ATF agent wins appeal; 7th Circuit blasts administrative judge
A federal law enforcement agent who filed a whistleblower complaint claiming he was retaliated against after he alleged another agent committed perjury during a criminal trial won his appeal, and the 7th Circuit Court of Appeals harshly criticized a judge it said ignored its orders in a prior remand.
Decisions change double jeopardy analysis, create questions
Recent Indiana Supreme Court decisions changed the tests to prove claims of double jeopardy. Lawyers say it will take time to know the true impact of these rulings, which the Court of Appeals has already applied in multiple decisions, and there’s a likelihood the Legislature could get involved in response to the decisions.
SCOTUS to hear border wall funding, ‘Remain in Mexico’ appeals
The Supreme Court of the United States agreed Monday to hear the Trump administration’s appeal of a lower court ruling that it improperly diverted money to build portions of the border wall with Mexico as well as an appeal of an administration policy that makes asylum-seekers wait in Mexico for U.S. court hearings.
7th Circuit upholds noon Election Day deadline for receipt of absentee ballots
Absentee ballots received by local election officials after noon on Election Day will not be counted, the 7th Circuit Court of Appeals has ruled, reversing a lower court that had issued an injunction in light of likely mail slowdowns caused by a surge in mail-in voting due to the pandemic.
Man’s 85-year sentence for murder will stand, COA rules
The Indiana Court of Appeals has affirmed a man’s 85-year prison sentence after he was found guilty of shooting an individual in the face at a party and killing him.
Coming full circle: Weissmann joins COA after years of appellate practice
At 10 a.m. Monday, Leanna Weissmann transitioned from practitioner to judge. “What a star,” Chief Justice Loretta Rush said of Weissmann when her appointment was announced. “I will miss you standing before me arguing cases. … I always knew it would be a whale of an argument.”
Reckless driving conviction vacated in Rochester school bus crash that killed 3 kids
A Rochester woman convicted in a school bus crash that killed three children and seriously injured a fourth had her misdemeanor reckless driving conviction vacated Monday on double jeopardy grounds. However, her felony convictions will stand.
Tippecanoe Co. man faces January trial in twin sons’ 2014 deaths
A northern Indiana man whose guilty plea in the 2014 house fire deaths of his twin 3-year-old sons was vacated last year is set for a January trial after being charged a second time in their deaths.
New COA Judge Weissmann praised for work in, out of court
In law school, now-Judge Leanna Weissmann was a geek. At least that’s what she told well-wishers Tuesday when Gov. Eric Holcomb announced her appointment to the Indiana Court of Appeals.
7th Circuit’s reasoning in Purdue sex misconduct case getting nod
The lawsuit against Purdue University for expelling a male student after finding him guilty of sexual misconduct, which was the first such Title IX case to be heard by the 7th Circuit Court of Appeals, is continuing to be litigated while the appellate decision is gaining a following in other circuits.
Weissmann selected to succeed Baker on Indiana Court of Appeals
Southern Indiana practitioner Leanna Weissmann will be the next Indiana Court of Appeals judge, Gov. Eric Holcomb has announced. Weissmann succeeds now-Senior Judge John Baker, who retired from the bench this summer as the longest-serving judge in Indiana.
In Anthem-Cigna ‘soap opera,’ judge hands damages to neither
A Delaware judge rebuffed efforts by both Cigna Corp. and Anthem Inc. to collect billions over their failed merger, saying Cigna had breached its obligations but the merger was likely to have been blocked on antitrust grounds anyway.
Justices toss OWI convictions, adopt new substantive double jeopardy test
Overruling a constitutional test for resolving claims of substantive double jeopardy and adopting a new test in its place, the Indiana Supreme Court has partially reversed a man’s drunken driving convictions on double jeopardy grounds. His 16-year sentence, however, will remain.
Appeals court seems wary of ordering dismissal of Flynn case
A federal appeals court in Washington appeared inclined Tuesday to let a judge decide on his own whether to grant the Justice Department’s request to dismiss the criminal case against former Trump administration national security adviser Michael Flynn.
Hobart man sentenced in 2017 bartender death seeks appeal
A northwest Indiana man convicted in the 2017 stabbing death of a bartender outside a bar where they both worked has filed an appeal. Christopher Dillard of Hobart argued he didn’t get an impartial jury because of “extensive inflammatory pretrial publicity.”
COA reverses Owen County denial of trash transfer station
A family-owned trash collection business hoping to set up a new transfer station in Owen County won a reversal from the Indiana Court of Appeals following its struggle to proceed due to a dispute with county officials.
Report: Indiana public defender caseload standards likely too high
Caseload standards imposed by the Indiana Public Defender Commission are likely higher than the caseloads public defenders should carry, meaning current practices do not give public defenders sufficient time to provide effective representation.
COA affirms felony drug conviction sentence, invites justices’ guidance on modifications
A panel of the Indiana Court of Appeals unanimously affirmed a woman’s almost 10-year sentence for four felony drug convictions, but one appellate judge paused to invite further guidance from the Indiana Supreme Court on a sentencing issue he says has caused a split of opinion among his colleagues.
IndyBar: Indiana Appellate Institute Celebrates 10 Years
As we blow out the candles on the virtual “Happy 10th Birthday” cake, the Indiana Appellate Institute continues to do what it does well, especially help first-time or infrequent appellate advocates, while looking for ways to continue to innovate and improve.