Cold beer safe, but is Indiana’s live-here, sell-here law on ice?
In late June, the U.S. Supreme Court notified Tennessee that it was last call for the state’s liquor sales residency requirement — a law similar to statutes on Indiana’s books.
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Indiana Court Decisions – July 2–17, 2019
Read Indiana appellate court decisions from the most recent reporting period.
Opinions July 23, 2019
7th Circuit Court of Appeals United States of America v. Joseph A. Williams 18-2662 Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Jon E. DeGuilio. Criminal. Affirms Joseph Williams’ 188-month sentence for conviction of possessing a gun as a felon and possessing cocaine with intent to distribute […]
Widower can seek excess damages in med-mal complaint, COA rules
A widower may pursue excess damages from the Indiana Patient’s Compensation Fund upon the Indiana Court of Appeals’ finding that nothing in the Medical Malpractice Act requires him to accept a settlement offer from the doctor he alleged was responsible for his wife’s death.
COA affirms breach of contract, reverses malicious prosecution rulings
The Indiana Court of Appeals has partially affirmed a ruling against an automotive maintenance company in a breach of contract dispute with its landlord, while reversing in the company’s favor on its malicious prosecution claims.
‘Factually inaccurate’ disability denial over migraines remanded
A northern Indiana woman may find some relief after the Northern District Court reversed and remanded the denial of her appeal for supplemental security income.
Man’s ‘barely legible’ suit against judge, clerk, DOC staff rightly tossed
Despite recent changes to the Indiana Code of Judicial Conduct meant to aid pro se litigants’ ability to be heard in court, an appellate panel ruled Friday that an inmate’s suit against a judge, a clerk and others was so confusing and repetitive that it was rightly dismissed.
Appeals panel rejects man’s challenge of child molestation conviction
A man convicted of Level 1 felony child molesting and sentenced to 48 years in prison failed to convince the Indiana Court of Appeals that his victim’s medical report was improperly admitted or that her testimony was incredibly dubious.
Whether armed robber ‘physically restrained’ victims splits 7th Circuit
The question of whether an armed robber can be said to have physically restrained his victims as an enhancement under federal sentencing guidelines split the 7th Circuit Court of Appeals on Thursday. The ruling also deepened a wide circuit split on the issue, with judges answering the question by employing a classic legal maxim: It depends.
Justices reject man’s appeal in death of toddler
The Indiana Supreme Court will not hear the appeal of a northern Indiana man who was sentenced to 65 years in prison for the beating death of a 2-year-old left in his care. Justices denied a transfer petition sought in the case of Trevor Wert v. State of Indiana, 19A-CR-92, in which the Indiana Court of Appeals affirmed Trevor Wert’s murder conviction in the beating death of Railee Ewing.
COA rejects double jeopardy argument in McDonald’s shooting
A man convicted in a shooting at a Vigo County McDonald’s has lost his appeal of his criminal recklessness conviction, with the Indiana Court of Appeals rejecting his double jeopardy argument.
Ex-basketball coach loses child seduction appeal
A former Mishawaka High School assistant girls basketball coach failed to persuade the Indiana Court of Appeals to reverse his child seduction conviction for a sexual relationship he had with a 17-year-old player he had coached since at least Grade 8.
Contempt finding, 180-day sentence upheld against man who refused to testify
A man who was sentenced to six months in prison after refusing to testify at a theft and conspiracy trial has failed to convince the Indiana Court of Appeals to overturn the contempt finding against him.
7th Circuit: Title agency can’t sue state to get back surrendered licenses
A title insurance company barred from doing business in Indiana after the Department of Insurance found hundreds of violations in an audit cannot sue to reclaim the licenses it voluntarily surrendered, the 7th Circuit Court of Appeals has ruled.
Reversal: Probate court must consider ex’s purported will
The ex-wife of a man who died in June 2018 will be permitted to enter into probate court a document she contends is her ex-husband’s will, the Indiana Court of Appeals ruled Monday, reversing a trial court order that determined the man had died without leaving a will.
In Utica billboard fight, COA reverses order for attorney fees
An acrimonious court fight over seven billboards outside Utica, Indiana, will not conclude with a military reuse authority paying attorney fees to the entities it sued, as a trial court ordered. The Indiana Court of Appeals on Monday reversed an order for the suing party to pay more than $237,000 to opposing counsel in litigation over highway sign permits in Clark County.
Court must consider competency in community corrections revocation, COA says
A convicted robber whose community corrections placement was revoked was denied due process because a court failed to consider his competency after evaluations had been ordered, the Indiana Court of Appeals ruled.
COA: Claim of man killed by kick falls under Medical Malpractice Act
A man’s estate could not convince an appellate panel that a psychiatric center where he was staying was liable for his death based on the theory of premises liability after he died from injuries sustained after he was kicked by an employee.
Trump gives up on bid to have citizenship question on census
Just a week after insisting that he was “absolutely moving forward,” President Donald Trump abandoned his effort to insert a citizenship question into next year’s census. He directed federal agencies to try to compile the information using existing databases instead.
Trump to act on his own to try to force citizenship question
President Donald Trump is expected to announce new executive action Thursday to try to force the inclusion of a citizenship question on the 2020 census, even after the Supreme Court temporarily blocked the effort.