The Indiana Court of Appeals has affirmed a man’s child molesting sentence, declining the state’s request to dismiss his appeal while also finding that his consecutive sentences are not inappropriate.
The following 7th Circuit Court of Appeals opinions were posted after IL deadline on Wednesday:
Leif Hinterberger, et al. v. City of Indianapolis
19-3365
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Senior Judge Sarah Evans Barker.
Civil. Affirms the rejection of Leif Hinterberger’s statement of facts for violation the district court’s rulings governing summary judgment practice, and the entry of summary judgment against Hinterberger. Finds the district court did not abuse its discretion in striking Hinterberger’s statement because it did not comply with Local Rule 56-1, nor did it err in entering summary judgment against him on each of his claims.
A lease dispute between the majority and minority owners of Chicago-area rail switch carrier Indiana Harbor Belt Railroad was properly dismissed, the 7th Circuit Court of Appeals ruled Thursday.
The Indiana Court of Appeals has affirmed a man’s conviction of unlawful syringe possession after finding sufficient evidence to support it. The court also rejected his argument that the state failed to prove he was non-Indian.
A Pulaski County man will now have a jury trial after the Indiana Court of Appeals reversed his driving-related convictions Thursday, finding he did not knowingly waive his right to a jury trial.
A Huntington man who sued the city in an effort to block the demolition of his dilapidated property went to court too late, the Indiana Court of Appeals ruled Thursday in upholding the dismissal of his lawsuit.
Failure to follow local court rules led to defeat for a would-be developer suing the city of Indianapolis, an outcome upheld Wednesday by the 7th Circuit Court of Appeals.
Judgment for the Hamilton County Convention Center’s owner was upheld by a divided appeals panel Thursday in a former employee’s defamation suit. It’s the latest chapter in a long-running litigation saga involving cross-claims of unpaid wages and employee theft.
The following 7th Circuit Court of Appeals opinion was posted after IL deadline on Tuesday.
USA v. Nehemiah Felders
19-2867
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Robert L. Miller, Jr.
Criminal. Affirms, per curiam, a jury’s conviction of Nehemiah Felders for unlawful possession of a firearm and his 96-month sentence. Finds the record is silent about what was on the card a police officer read to Felders, of which the officer asserted was Felder’s Miranda warnings. Finds that on a silent record Felders cannot show that any error occurred — not when the warnings were read, not in the district court.
The 7th Circuit Court of Appeals has affirmed a man’s conviction, rejecting his argument that the record doesn’t show that the statements read to him from a card produced by police satisfy his Miranda warnings.
The Indiana Court of Appeals has reversed a child in need of services finding after concluding that the child’s mother, while admitting to using marijuana, was not proven to have used it in the child’s presence or seriously endangered the child as a result.
A woman who was awarded half of a $122,000 stock account held by her former husband after the couple entered into a mediated divorce settlement agreement that didn’t mention the account was stripped of that share of the stock account on appeal Wednesday. However, a dissenting judge would have affirmed the grant of money to the ex-wife.
The Indianapolis-based NCAA cannot rely on insurance coverage in a lawsuit brought by student athletes seeking upwards of $1 billion based on antitrust claims challenging caps on compensation for football and basketball players.
The following 7th Circuit Court of Appeals opinions were posted after IL deadline on Monday:
Raymond Marling v. Richard Brown
19-3077
Appeal from the United States District Court for the Southern District of Indiana, Terre Haute Division. Judge James R. Sweeney II.
Civil. Reverses the Southern District Court’s grant of habeas corpus relief to Raymond Marling, and its conclusion that the state court’s finding against him had been rebutted by clear and convincing evidence. Finds the officer who opened and inventoried the contents of a box found in Marling’s vehicle acted within the scope of discretion granted by General Order 49. Also finds that Marling’s counsel did not violate the Sixth Amendment.
The 7th Circuit Court of Appeals has reversed habeas corpus relief granted to a man in a disputed search case where police opened a locked box full of illegal drugs while executing an arrest warrant.
The Indiana Court of Appeals has affirmed the modification of a Dearborn County mother’s physical and legal custody of her child over to his father, also ruling her relocation claims moot after her request to do so was denied.
A man who repeatedly sought six-figure tax refunds from the IRS based on sovereign-citizen-style claims lost his appeal of a three-year sentence and an order that he repay nearly $150,000.
A taxpayer lost his bid to be the lead plaintiff in a proposed class-action over allegedly unpaid interest due to people who received refunds because they had overpaid their property tax bills.
The following 7th Circuit Court opinions were posted after IL Deadline Friday and Sunday:
Earlene Branch Peterson v. William P. Barr
20-2252
Appeal from the United States District Court for the Southern District of Indiana, Terre Haute Division. Chief Judge Jane Magnus-Stinson.
Civil. Vacates the preliminary injunction issued by the Southern District Court halting the federal execution of Daniel Lee. Finds the plaintiffs’ APA claim lacks any arguable legal basis and is therefore frivolous. Also finds section 16-90-502(e)(1) of the Arkansas Code is irrelevant to the case at hand and that the district court judge was wrong to insert it into the case.
Justice Clarence Thomas spoke and Chief Justice John Roberts ruled. The US Supreme Court’s most unusual term featured victories for immigrants, abortion rights, LGBTQ workers and religious freedoms. The usually quiet Thomas’ baritone was heard by the whole world when the coronavirus outbreak upended the court’s traditional way of doing business. When the biggest decisions were handed down, the chief justice was almost always in the majority and dictated the reach of the court’s most controversial cases, whether they were won by the left or the right.