Child porn convictions, sentence upheld for father
A father convicted on multiple child porn charges has failed to find relief from his convictions or sentence at the 7th Circuit Court of Appeals.
Court opinions
Articles
Reversal: Judgment to be entered for law firm in malpractice case
Judgment will be entered for a northern Indiana law firm facing a legal malpractice claim after the Indiana Court of Appeals reversed the denial of the firm’s motion for judgment on the evidence.
Justices consider ‘de facto life sentence’ for teen convicted of murder
The sentencing fate of a man convicted as a teenager of murder is in the hands of the Indiana Supreme Court as the justices decide how they will rule in the case concerning a “de facto life sentence” for the teen.
Opinions Nov. 27, 2019
The following 7th Circuit Court opinion was posted after IL deadline on Tuesday.
Linda Waldon v. Wal-Mart Stores, Inc.
19-1529
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge James R. Sweeney, II.
Civil. Affirms the grant of summary judgment to Walmart Stores on Linda Waldon’s negligence claims. Also affirms with order to show cause within 14 days of the date of the decision as to why Waldons’ counsel, James E. Ayers, should not be sanctioned under Rule 46 of the Federal Rules of Appellate Procedure for intentionally altering previously submitted photographs and misrepresenting the record to the court. The 7th Circuit will consider after Ayers’ response whether to send a copy of its opinion to the Indiana Supreme Court Disciplinary Commission.
COA: Song detailing triple-murder scene was admissible evidence
The Indiana Court of Appeals has affirmed a man’s murder convictions, finding a song he wrote and posted online that closely described the murder scene just months later was admissible evidence.
Husband wins remand over asset division in divorce case
A husband who disagreed with the division of assets in his divorce case has won partial victory and a remand from the Indiana Court of Appeals.
Fitbit bandit’s convictions upheld, but 1 count erroneously entered
A man who orchestrated the heist of a big rig trailer filled with Fitbits lost his appeal Wednesday, but a panel of judges tossed one of the convictions entered against the thief after finding it didn’t jibe with the jury’s verdict.
Indiana Court Decisions – Nov. 7-19, 2019
Read Indiana appeallte court decisions from the most recent reporting period.
7th Circuit says lawyer intentionally altered photos, threatens sanction
An order to show cause has been entered against a Crawfordsville attorney whom the 7th Circuit Court of Appeals says intentionally altered photographs entered into the record in a slip-and-fall case. The appellate court also raised the possibility of sending the matter to the Indiana Supreme Court Disciplinary Commission.
Delinquent adjudication affirmed in child molestation case
The Indiana Court of Appeals has affirmed a juvenile’s adjudication as a delinquent for felony child molestation despite the juvenile’s claim that evidence of his crime was not sufficiently established.
Demolition order affirmed in hazardous building case
An unsafe building in a northern Indiana lake town will be demolished after the Indiana Court of Appeals affirmed a demolition order for the vacant structure.
Father who says he didn’t know about adoption loses appeal
A father who claimed to have no notice of the adoption of his child has lost his appeal of a denied motion for relief.
Tax Court reverses valuations of Merrillville Kohl’s property
Valuations of a Merrillville Kohl’s store have been reversed after the Indiana Tax Court found error in a state board’s analysis.
Appeals court rules against father in DCS dispute
A father fighting child welfare investigations that resulted in his son’s removal from his custody has lost his appeals of multiple motions granted by the trial court that damaged his case.
7th Circuit remands to fix sentencing inconsistency in armed robbery conviction
The 7th Circuit Court of Appeals has remanded to the U.S. District Court for Southern District of Indiana a case that convicted an Indianapolis man for his involvement in a string of armed pharmacy robberies. The appellate court concluded a correction was required because both the written and oral sentences imposed terms of supervised release inconsistently.
Reversal: COA reinstates default judgment against nursing facilities
The Indiana Court of Appeals has reinstated default judgement against three nursing facilities after concluding the defendants couldn’t explain why their response was so late and that the underlying complaint was not “insufficient.”
Justices to consider ‘de facto life sentence’ against teen convicted of murder
Indiana Supreme Court justices will consider arguments this week in a teen murder case involving a question of whether the boy was denied the effective assistance of counsel such that he should receive a rehearing on his 181-year sentence.
Opinions Nov. 22, 2019
7th Circuit Court of Appeals
USA v. Adrian Grisanti
19-1576, 18-2993
Appeals from the United States District Court for the Southern District of Indiana, New Albany Division. Judge Tanya Walton Pratt.
Criminal. Affirms Adrian Grisanti’s 10-year sentence for conviction of child-pornography offenses, as well as the denial of his motion to suppress evidence. Finds Grisanti’s reasons for reconsidering Kienast are not persuasive. Also, his sentence was not unreasonable, and the district court did not make any procedural error.
7th Circuit affirms Indiana man’s conviction, sentence in child porn case
The 7th Circuit Court of Appeals has affirmed a prison sentence and denial of a man’s motion to suppress stemming from his destruction of evidence and child-pornography related convictions, rejecting his argument that he was less likely to reoffend because he was white, among others.
Justices publish dissent to jury admonishment transfer denial
A split Indiana Supreme Court has denied transfer to a case disputing exactly how many times a trial court is required to give admonishments to a jury, but two justices published a dissent to that decision.