Letter to the editor: Reform — or abolish — the Tax Court
For the first time since 2011, Indiana has a vacancy on its Tax Court. With that vacancy, the state should revisit the court’s role in our judicial system.
Appeals
Articles
Indiana machine gun law not unconstitutionally vague, COA affirms in appeal from man who altered pistol with ‘switch’ device
Indiana’s machine gun statute is not unconstitutionally vague, the Court of Appeals ruled in affirming a lower court’s decision in a case involving a man who modified his semi-automatic pistol with a “switch” device to make it function as a fully automatic weapon.
Prisoner at Terre Haute federal prison wins reversal for grievance
The 7th Circuit Court of Appeals affirmed a district court’s ruling to dismiss two grievances from a prisoner who claimed he was beaten by guards at Terre Haute’s federal prison. But the appellate court reversed and remanded a third grievance back to the district court for a Pavey hearing.
Majority justices dismiss sentencing appeal, but dissent points to erroneous trial court statement
A man who waived his right to appeal his four-year sentence for theft cannot challenge that sentence on direct appeal, the Indiana Supreme Court ruled in dismissing the man’s appeal. Two dissenting judges would hold that the appeal waiver is unenforceable.
Man can be tried in 2nd case involving kidnapping incident, COA affirms in ruling
A trial court can prosecute a Lake County man for a second case that involved alleged criminal acts against his girlfriend and another man, the Court of Appeals of Indiana affirmed in an opinion Thursday.
COA: Trial court correct to deny jury instruction on entrapment for man caught in child predator sting
A trial court did not abuse its discretion by denying a man’s request for a jury instruction on the defense of entrapment after he ended up in a civilian sting to expose child predators, the Court of Appeals of Indiana has ruled.
Conspiracy to commit murder conviction upheld in Hamilton County case, as COA affirms lower court decision
A Hamilton County woman’s convictions on conspiracy to commit murder and failure to report human remains charges will stand, as the Court of Appeals of Indiana affirmed a lower court’s sentence and rejected an appeal in the case.
Chauvin murder conviction upheld in George Floyd killing
The Minnesota Court of Appeals on Monday upheld former Minneapolis police officer Derek Chauvin’s second-degree murder conviction in the killing of George Floyd, and his 22½-year sentence remains in place.
DOJ to ask Supreme Court to put abortion pill limits on hold
An appeals court ruled that mifepristone can be used but reduced the period of pregnancy when the drug can be taken and said it could not be dispensed by mail. The Justice Department said it will ask the Supreme Court for an order to put any action on hold.
COA dismisses appeal of woman kept off May 2022 GOP primary, citing mootness
A would-be candidate in last year’s Republican primary cannot now appeal the challenge to her candidacy that ultimately kept her off the ballot.
7th Circuit sides with school district following teacher’s ‘forced resignation’ over transgender name policy
A central Indiana school district did not violate the religious rights of a former teacher who resigned after refusing to follow the district’s policy for how to address transgender students, the 7th Circuit Court of Appeals has ruled in affirming a district court’s decision.
Court backs victim’s family in Adnan Syed’s ‘Serial’ case
A Maryland appellate court on Tuesday reinstated Adnan Syed’s murder conviction and ordered a new hearing in the case, marking the latest development in the protracted legal odyssey chronicled in the hit podcast “Serial.”
Supreme Court affirms, reverses, remands in case involving faulty lift station that caused sewage leak
The Indiana Supreme Court affirmed a trial court’s order amending a damages award but determined the lower court lacked jurisdiction to issue two other orders because each interfered with the subject matter of a pending appeal.
COA reopens appeal based on missing transcript but affirms drug dealing conviction
Although the Court of Appeals of Indiana allowed a woman to reopen her previously rejected direct appeal based on a missing transcript, the court still upheld the woman’s felony drug dealing conviction.
7th Circuit affirms lower court ruling, rejects retaliation and breach of contract claims
The 7th Circuit Court of Appeals has affirmed a United States District Court for the Southern District of Indiana ruling that rejected an employee’s claims of retaliation and breach of contract against a prominent book publisher.
Split justices allow defendant to appeal 70-year sentence despite 16-year delay
A man convicted of multiple felonies more than 20 years ago can pursue an appeal of his 70-year sentence, a split Indiana Supreme Court has ruled. The majority determined that the delay in the appeal was not the defendant’s fault.
Indiana Supreme Court denies transfer, admonishes appellant for abusive behavior
The Indiana Supreme Court has denied transfer to a sex offender registration case, issuing a published opinion admonishing the appellant for abusing the appellate system and the clerk’s office staff.
NCAA asks US appeals court to block pay for student-athletes
The NCAA asked a federal appeals court on Wednesday to reject a legal effort to make colleges treat Division I athletes like employees and start paying them an hourly wage.
IN justices provide clarity on discretionary interlocutory appeals in opinion
In the second published opinion written by Indiana Supreme Court Justice Derek Molter on Wednesday, justices addressed a procedural issue regarding discretionary interlocutory appeals and orders in limine.
Former Roncalli counselor fired for same-sex marriage argues district court misapplied ministerial exception
A former Roncalli High School guidance counselor is asking the 7th Circuit Court of Apppeals to revive her lawsuit against the high school and the Archdiocese of Indianapolis, arguing that the district court misapplied the ministerial exception.