A man convicted in a violent kidnapping scheme successfully had two of his felony convictions overturned on double jeopardy grounds, though the Indiana Court of Appeals declined on Tuesday to find an abuse of discretion in the consecutive sentences he received.
A couple injured while visiting their daughter’s grave will not be able to reinstate their negligence action against the cemetery where their daughter is interred after the Indiana Court of Appeals upheld summary judgment for the cemetery.
The United States Supreme Court formally refused Monday to put on a fast track multiple election challenges filed by President Donald Trump and his allies, including one filed by an Indianapolis law firm.
The following 7th Circuit Court of Appeals opinion was posted after IL deadline Wednesday:
Brian Hope, et al. v. Commissioner of Indiana Department of Correction, et al.
19-2523
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Richard L. Young.
Civil. Affirms the district court’s finding that the requirement that six men who relocated or returned to Indiana after 2006 register under the Sex Offender Registration Act is unconstitutional. Finds the registration requirement violates the men’s right to travel. Judge Amy St. Eve dissents with separate opinion.
The following 7th Circuit Court of Appeals opinion was posted after IL deadline Tuesday:
Hortansia D. Lothridge v. Andrew M. Saul, Commissioner of Social Security
20-1269
Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Senior Judge Joseph S. Van Bokkelen.
Civil. Vacates the district court’s order upholding the denial of disability benefits to Hortansia Lothridge. Finds the administrative law judge’s finding that Lothridge was not disabled was inconsistent with the finding that she had moderate limitations in concentration, persistence and pace. Remands for further proceedings.
Read Indiana appellate court decisions from the most recent reporting period.
7th Circuit Court of Appeals
Cheryl Kellogg v. Ball State University, d/b/a Indiana Academy for Science, Mathematics and Humanities
20-1406
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Magistrate Judge Tim Baker.
Civil. Reverses the Indiana Southern District Court’s award of summary judgment to the Indiana Academy for Science, Mathematics and Humanities on Cheryl Kellogg’s claims under Title VII and the Equal Pay Act. Finds the district court’s finding that the academy proffered what the court believed were undisputed gender-neutral explanations for Kellogg’s pay was incorrect. Also finds David Williams’ statement contradicts the academy’s explanations for Kellogg’s pay and puts them in dispute. Finally, finds Kellogg can rely on Williams’ statement even though he uttered it outside the limitations window. Remands for further proceedings.
A Muncie teacher who sued her employer after being told that her starting salary didn’t need to be higher because her husband had a job has secured a reversal in her favor on her pay discrimination claims.
Indiana Court of Appeals
In Re the Matter of R.L., D.L., and L.L., Children in Need of Services, and A.L. (Mother) v. Indiana Department of Child Services (mem. dec.)
20A-JC-1259
Juvenile CHINS. Affirms the adjudication of mother A.L.’s children as children in need of services. Finds the evidence supports the Marion Superior Court’s determination by a preponderance of the evidence that mother and father R.L. are “unlikely to participate in the necessary care and treatment without the coercive intervention of the Court.”
Indiana Court of Appeals
Tax Analysts, et al. v. Indiana Economic Development Corporation
20A-PL-1141
Civil plenary. Affirms the Marion Superior Court order denying Tax Analysts’ request under the Access to Public Records Act for records of the city of Indianapolis’ response to requests for proposals related to the relocation of Amazon’s future second headquarters. Finds the trial court did not err in ruling that the records sought were exempt from disclosure because they were created during negotiations and did not include terms of a final offer of public financial resources.
A man who unsuccessfully argued that he should be released to parole rather than probation failed to persuade the Indiana Court of Appeals on Thursday.
The 7th Circuit Court of Appeals has affirmed a ruling that a woman fired from her job after a spinal injury was not a qualified individual under the Americans with Disabilities Act.
The ruling of a Marion County judge that awarded a father joint physical custody lacked sufficient reasoning and was reversed on appeal Thursday.
Indianapolis’ offer of taxpayer money and financial incentives in an unsuccessful attempt to lure a coveted second Amazon headquarters can remain secret, the Indiana Court of Appeals has ruled, rejecting an appeal by a tax trade publication that argued the offer must be disclosed as a public record.
An Indianapolis attorney representing President Donald Trump has asked the United States Supreme Court to overturn the results of the Wisconsin election that Trump lost to President-elect Joe Biden by more than 20,000 votes.
The following 7th Circuit Court of Appeals opinion was posted after IL deadline on Tuesday:
USA v. Eduardo Ramirez
20-1006
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Damon R. Leichty.
Criminal. Affirms Eduardo Ramirez’s 72-month prison sentence for pleading guilty to possessing a firearm as a felon. Finds that the U.S. District Court for the Northern District of Indiana appropriately handled his “aging out” argument as no data supported it. Finds that the district court reasonably justified its above-guidelines sentence and that it is substantively reasonable.
A trial court that rewrote the jury instructions offered by the Indiana Supreme Court proves everybody is an editor, but the Indiana Court of Appeals ruled the editing did not create an error that would overturn the defendant’s convictions.
A split Indiana Court of Appeals panel has reversed a damages award to a nursing home in its breach of warranty dispute with a roofing company, with a dissenting judge arguing that the damage award was within the scope of the evidence.
The following 7th Circuit Court of Appeals opinion was posted after IL deadline Monday.
USA v. Hector S. Castro-Aguirre
19-1074
Appeals from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Tanya Walton Pratt.
Criminal. Affirms the various drug and conspiracy convictions and sentences of Hector Saul Castro-Aguirre, John Ramirez-Prado, and Rafael Rojas-Reyes. However, vacates Jose Manuel Carrillo-Tremillo’s conviction and sentence for conspiracy to launder money upon finding no evidence that would permit a rational trier of fact to connect Carrillo-Tremillo to a conspiracy to launder money. Remands his case for resentencing.
A panel of the Indiana Court of Appeals has affirmed for the Scott County Board of Commissioners and other defendants in a dispute brought by a farm owner who dislikes the idea of having a barn event venue constructed next to her home.