A divided Supreme Court on Monday allowed the Trump administration to put in place a policy connecting the use of public benefits including Medicaid, food stamps and housing vouchers with whether immigrants could become permanent residents.
Indiana Court of Appeals
Stephen W. Peele v. State of Indiana
19A-CR-1775
Criminal. Reverses the dismissal of Stephen Peele’s petition for removal from the Indiana Sex Offender Registry. Finds the Marion Superior Court erred in dismissing Peele’s petition, finding Peele properly brought his petition for removal within a criminal cause in a qualifying court. Remands with instructions to the trial court to consider the merits of Peele’s petition.
A man’s petition to remove his name from the Indiana Sex Offender Registry was reinstated Friday when an appellate panel concluded that the trial court that dismissed the petition had jurisdiction to consider it.
The following 7th Circuit Court of Appeals opinions were posted after IL deadline Wednesday:
United States of America v. Jose Trinidad Garcia, Jr., and Alfonso Pineda-Hernandez, also known as Flaco
18-1890, 18-2261
Appeals from the United States District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Jane Magnus-Stinson
Criminal. Reverses the 20-year mandatory minimum sentence for Jose Garcia after he pleaded guilty to a drug-dealing conspiracy count, finding the predicate Indiana offense used to enhance his sentence does not qualify as a federal drug offense. Remands for resentencing. Affirms the 25-year sentence imposed on Alfonso Pineda-Hernandez after he was found guilty on two trafficking charges, finding no error in his sentencing or conviction.
A trial court erred in terminating a mother’s parental rights to her two minor children, finding the potential of the children’s reunification with their father and their continuing bond with their mom made the termination of their relationship with their mother not in their best interests.
The Indiana Court of Appeals on Thursday reversed a 12-year-old boy’s delinquency adjudication for what would be Level 4 felony child molestation, finding he lacked maturity to knowingly and voluntarily waive his rights and that evidence of a police interrogation should not have been admitted.
One of two men convicted as conspirators in an Indiana meth ring will be resentenced as a result of his appeal while the other man convicted in the scheme will serve his full 25-year sentence, the 7th Circuit Court of Appeals held Wednesday.
A felon convicted on two gun charges and sentenced to an upper-range prison term received token relief from the Indiana Court of Appeals on Thursday, but he still is ordered to serve more than 10 years behind bars.
Indiana Court of Appeals
First Chicago Insurance Company v. Candace Collins, et al.
19A-PL-02000
Civil plenary. Finds the Marion Superior Court did not abuse its discretion in granting Robin Dunn’s motion for relief from default judgment, as Dunn showed a meritorious defense and misconduct of an adverse party under Trial Rule 60(B)(3). Reverses the order requiring that First Chicago Insurance Company make up to $25,000 available for Dunn’s claims. Remands for proceedings.
A woman who sued an insurance company after she and her child were injured in a multi-vehicle crash showed a meritorious defense and misconduct of an adverse party in the case, the Indiana Court of Appeals ruled Wednesday. The appeals court sent the case back to the trial court for full consideration of her claims.
After more than 10 years with a criminal record, an Elkhart man successfully petitioned to reduce his felony conviction to a misdemeanor. But when he tried to expunge the conviction two years later, he faced an unexpected setback. The Indiana Supreme Court will decide whether he and others in his situation must wait longer for an expungement.
Read Indiana appellate court decisions from the most recent reporting period.
Death penalty experts say they expect justices of the United States Supreme Court ultimately will decide whether federal executions will resume at the United States Penitentiary in Terre Haute.
A German water pipe manufacturer did not convince an Indiana Court of Appeals panel on Tuesday that Hoosier courts lack personal jurisdiction to hear a negligence lawsuit brought against the company by a northern Indiana apartment complex.
An Indiana Court of Appeals panel has once again split over matters concerning a lawsuit brought against two lawyers, this time granting a petition for rehearing to reaffirm a prior split decision.
The following 7th Circuit Court of Appeals opinions were posted after IL deadline Friday.
Thomas Censke v. USA
18-2695
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Tanya Walton Pratt.
Civil. Reverses the holding that Thomas Censke’s administrative complaint under the Federal Tort Claims Act was not filed until it was received and therefore untimely. Finds the prison mailbox rule applies to a prisoner’s administrative complaint under the Federal Tort Claims Act and that mail is filed upon being placed in the prison’s mail. Thus, finds Censke’s claim was timely filed.
A federal prisoner who struggled to file an administrative complaint through the prison mail system and was denied his complaint due to untimeliness has won a reversal from the 7th Circuit Court of Appeals. The 7th Circuit concluded that the complaint was filed the moment it was placed in the prison’s mail and not upon its receipt.
Nearly three years after oral arguments, the 7th Circuit Court of Appeals has issued a ruling in Indiana’s same-sex birth certificate case by following what the U.S. Supreme Court said to do — find in favor of the mothers.
Indiana Court of Appeals
Shannon Gehlhausen, et al. v. Indiana Foundation Service, Inc.
19A-CT-00842
Civil tort. Affirms the Hamilton Superior Court’s grant of summary judgment to Indiana Foundation Service, Inc. Finds Shannon and Brandon Gehlhausen have failed to present a different account of events that would require a resolution by a trier of fact.
A Hoosier foundation services company that secured a ruling against new homeowners in a warranty dispute stemming from issues with leaking basement wall prevailed Friday in the Hamilton County homeowners’ appeal.