The Indiana Court of Appeals has found a father in contempt for failing to pay years’ worth of irregular child support, reversing a lower court’s denial of his ex-wife’s petition to show cause for his failure to pay.
The following 7th Circuit Court of Appeals opinions were posted after IL deadline Thursday:
John W. Kimbrough v. Ron Neal
18-3145, -3153
Appeals from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge William T. Lawrence.
Civil. Reverses the grant of John Kimbrough’s petition for writ of habeas corpus after he was denied post-conviction relief in state court on his 80-year sentence for child molesting. Finds a federal court considering a habeas petition under 28 U.S.C. § 2254(d) cannot disagree with a state court’s resolution of a state law issue.
A convicted child molester’s 80-year sentence has once again been reinstated after the 7th Circuit Court of Appeals overturned the grant of a habeas petition. The appellate panel on Thursday reversed habeas relief that had been granted at the district court.
A former Indiana Department of Transportation supervisor who claimed his firing was motivated in part by his defense of a Democratic employee and a letter to the editor that the supervisor’s mother wrote criticizing former Gov. Mike Pence’s immigration policies failed to prove he was discriminated against, the 7th Circuit Court of Appeals ruled.
Indiana Supreme Court
William Clyde Gibson, III v. State of Indiana
22S00-1601-PD-00009, 22S00-1608-PD-00411
Post conviction. Affirms the Floyd Superior Court’s denial of post-conviction for William Clyde Gibson III from his two murder convictions resulting in death sentences, finding he did not receive ineffective assistance of counsel.
Video of suspected drug activity from a drone aircraft a woman found in her yard is admissible in court to try her neighbor on charges including dealing methamphetamine, the Indiana Court of Appeals ruled Thursday.
The following 7th Circuit Court of Appeals opinions were issued after IL deadline Tuesday.
USA v. Anthony Shockey
19-1308
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Robert L. Miller, Jr.
Criminal. Affirms an order revoking Anthony Shockey’s supervised release and imposing a 15-month prison sentence after he tested positive for methamphetamine. Finds the court could reasonably infer possession from use.
A man who was convicted of drug-dealing charges and sentenced to 12 years in prison won a reversal Wednesday because his trial was wrongly continued when the state could not timely produce lab results. The appellate court noted a lengthy prosecutorial delay in providing the evidence for lab testing was to blame.
A federal offender on supervised release argued that just because he tested positive for meth didn’t mean he had possessed it. The 7th Circuit Court of Appeals had a bite-sized, easy-to-digest ruling Tuesday.
A man who was seriously injured in a car crash lost his appeal claiming his Fourth Amendment rights were violated when Fort Wayne hospital staff ordered a blood draw that was provided to police, leading to criminal drunken driving charges.
Indiana Court of Appeals
Andrew Patrick v. Painted Hills Association, Inc.
19A-SC-936
Small claims. Affirms Morgan Superior Court rulings in favor of Painted Hills Association, Inc., seeking to enforce restrictive covenants and collect unpaid dues for 2017 and 2018 against Andrew Patrick, who obtained tax deeds to three unimproved properties in the neighborhood. Holds statutes are unambiguous and the restrictive covenants survive the tax sale. The court did not err in ruling for the association or denying Patrick’s motion to correct error.
The fight over Michigan’s redistricting, litigated in part by a team from the Indianapolis office of Faegre Baker Daniels, ended Monday with an order from the U.S. Supreme Court vacating a lower court’s ruling that gerrymandering based on political affiliation violates the Constitution.
A transgender man who was granted a name change but denied his petition for a gender-marker change won on appeal Tuesday, with the Indiana Court of Appeals finding the trial court lacked sufficient cause to deny the petition.
A Lake County man convicted in a hit-and-run that killed a correctional officer and injured three others in 2012 will not be getting his driver’s license back anytime soon, the Indiana Court of Appeals ruled Tuesday.
A man convicted and sentenced to 40 years in prison for molesting his 11-year-old daughter failed to convince the Indiana Court of Appeals that evidence of sexual internet searches he attributed to the victim was wrongly excluded from his trial.
A man who bought Morgan County properties at a tax sale that were subject to a homeowners association failed to convince the Indiana Court of Appeals on Tuesday that he was wrongly ordered to pay delinquent association dues.
The following opinions were posted after IL deadline Friday. 7th Circuit Court of Appeals
Gai Levy v. Marion county Sheriff, et al.
19-1424
Appeal from the U.S. District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Jane Magnus-Stinson.
Civil. Affirms grant of Gai Levy’s motion for summary judgment against his claim that the Marion County Sheriff and the Consolidated City of Indianapolis and Marion County violated his constitutional rights under 42 U.S.C. § 1983 for unlawfully detaining him after the Marion Superior Court order his release from jail. Finds the testimony and evidence affirms the district court’s decision that there was no dispute of material fact as to whether the court entered an order for Levy to self-report to Marion County Community Corrections after his first court appearance. Holds that because the Marion County sheriff and the city of Indianapolis tried to implement a fix to overcome a glitch in the release processing system, they did not to act with deliberate indifference to the risk of detainees’ overdetention.
Although the Marion County Sheriff’s remedy failed to fix a glitch between two different computer systems and caused an inmate to be detained longer than the court had ordered, the 7th Circuit Court of Appeals ruled the law enforcement agency and the city of Indianapolis were not deliberately indifferent.
Deciding an issue of first impression, the Indiana Court of Appeals affirmed a favorable ruling for an insurance company following arguments that it had no obligation to defend former customers in outside litigation.
A former high school assistant principal who alleged she was coerced to quit for disagreeing with the school superintendent about a student discipline issue was not denied protected speech or due process, the 7th Circuit Court of Appeals ruled.