Indiana Court decisions – Aug. 2–15, 2018
Read Indiana appellate court decisions from the most recent reporting period.
Court opinions
Articles
Hill enduring backlash in voting lawsuits
Even as the office of embattled Indiana Attorney General Curtis Hill is pleading for more time to challenge a ruling that found changes to the state's voter registration statute violated federal law, it's taking another election dispute to the 7th Circuit Court of Appeals.
7th Circuit vacates denial of benefits to man with shooting pain and numbness
Finding an administrative law judge did not evaluate the credibility of a claimant and instead relied on the testimony of a physician who had not even examined the patient, the 7th Circuit Court of Appeals reversed and remanded the denial of Social Security benefits to an Indiana man.
7th Circuit says vacated Fourth Amendment case was ‘close call’
The 7th Circuit Court of Appeals vacated and remanded a motion to suppress two firearms from a vehicle search after it determined the search was unwarranted due to a lack of reasonable suspicion after an anonymous tip was made.
COA affirms denial of shooter’s request to proceed pro se
The Court of Appeals affirmed Monday the decision not to let a Vanderburgh County man who shot up an Evansville rescue mission to proceed pro se, finding his history of mental illness justified the trial court's requirement that he proceed with counsel.
Affirming juvenile DOC placement, COA seeks effective counsel guidance
A 15-year-old who had multiple instances of violent rage and who could no longer be controlled by his parents was properly placed in the Department of Correction, an Indiana Court of Appeals panel found. But judges also used the case to ask the Indiana Supreme Court for guidance on measuring the effectiveness of counsel in similar juvenile cases.
Assumptions in bankruptcy case leave 7th Circuit ‘colored skeptical’
Assumptive arguments made by a bankruptcy trustee suing former bank directors were rejected by the 7th Circuit Court of Appeals, which said his assertions colored the court skeptical.
7th Circuit: Contract enforceable by mutuality of obligation
A contract dispute between a rubber product maker and its supplier was settled when the 7th Circuit Court of Appeals reversed a decision that claimed the parties’ agreement was unenforceable.
Injured man’s OWI for crash outside police station affirmed
A man who drove to a police station in Porter County after he was hurt in a fight at a party, then apparently unconsciously drove his truck into vehicles parked outside the station, lost his appeal of his drunken-driving conviction.
Judge’s miscalculation leads to remand for resentencing
A judge’s miscalculation of a man’s federal court sentence based on the number of his prior felony convictions prompted the 7th Circuit Court to remand for resentencing Thursday.
7th Circuit: Disability benefit arguments lack merit
Medical evidence did not support the testimony of a deceased man about the degree of limitations he experienced, the 7th Circuit affirmed when reviewing his denied disability benefits case. The court found arguments in the case lacked merit.
7th Circuit remands mandatory-minimum drug case for resentencing
A “dangerous drug” conviction in Arizona is not considered a felony drug offense qualifying for particular federal mandatory minimum sentencing in Indiana under because of differences in definitions, the 7th Circuit Court of Appeals determined.
7th Circuit slaps ALJ, remands engineer’s disability case after stroke
A district court’s decision affirming a Social Security administrative law judge’s ruling on the onset date of an engineer’s disability was vacated Wednesday by the 7th Circuit Court of Appeals, which found medical and other evidence strongly suggests an earlier disability date.
7th Circuit: Meth weight needs only preponderance of evidence
Determining drug quantities at sentencing is not an exact science and requires only proof by a preponderance of the evidence, the 7th Circuit Court of Appeals affirmed Wednesday.
Indiana Supreme court ruling doesn’t settle Lake Michigan beach access
An Indiana man alleges a homeowner along Lake Michigan tried to remove people from the beach despite an Indiana Supreme Court ruling allowing lakeshore access, despite an Indiana Supreme Court ruling that the state owns the shoreline and holds it in trust for all residents.
Malpractice verdict for doctor, barring of late expert witness affirmed
The Indiana Court of Appeals affirmed a jury verdict in favor of a doctor sued for malpractice after a patient died, finding the trial court didn’t err in limiting the plaintiff’s evidence.
COA: Suit can’t be filed in Indiana when contract says Texas
A contract between two Hoosier trucking companies requiring any litigation between them to be filed in Texas and not Indiana was enforceable and valid, the Indiana Court of Appeals affirmed Thursday.
Drug dealer’s conviction after failed sting operation affirmed
A man convicted of dealing heroin and sentenced to 12 years in prison after he cancelled a planned drug buy that law enforcement had set up with the help of a criminal informant lost his appeal Thursday.
Heroin overdose sufficient for possession conviction, COA rules
A man who argued public policy should disfavor criminally charging people who have overdosed on heroin lost Wednesday, as the Indiana Court of Appeals affirmed his felony possession conviction.
COA affirms denial of second foreclosure settlement conference
A woman facing foreclosure won’t be awarded a second chance at a settlement conference after the case was officially closed due to her lack of response, the Indiana Court of Appeals affirmed Wednesday.