7th Circuit affirms dismissal of state-law claims against Carmel
The 7th Circuit Court of Appeals has affirmed the dismissal of a series of state-law complaints brought against the city of Carmel regarding the city’s traffic ordinance.
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Supreme Court overturns grant of Monarch affiliate’s liquor permit
The Indiana Supreme Court has reversed a trial court’s order directing the Indiana Alcohol and Tobacco Commission to grant a liquor wholesaling license to an affiliate of a major Indiana beer and wine wholesaler, finding statutory language prohibits companies with overlapping ownership to hold interest in both liquor and beer wholesaler permits.
Supreme Court remands child molesting case for resentencing
A man who pleaded guilty to molesting his girlfriend’s son and was sentenced to 40 years in prison will return to court for resentencing. The Indiana Supreme Court determined Friday that the trial court considered an incorrect statutory sentencing range.
COA: Doctor’s report to DCS not protected by anti-SLAPP statute
A doctor who reported medical child abuse to the Department of Child Services was not protected by the state’s anti-SLAPP statute, the Indiana Court of Appeals ruled Friday in a case of first impression.
COA orders return of gun to rightful owner
A man whose handgun was confiscated after police believed it was stolen will soon have the gun returned to his family. The Indiana Court of Appeals found Friday the man proved his mother was the rightful owner of the firearm.
Attorney suspended for practicing without a license, renegotiating fees
An Indianapolis attorney has been suspended for at least 180 days after he practiced law with a suspended license and modified fee agreements to work in his favor.
COA: Trial courts can waive right to be at commitment hearing
State statute allows trial courts to waive respondents’ right to be present at their mental health commitment hearings, though the use of such statute should be limited only to cases where the evidence shows respondents’ presence would be injurious to their mental health, the Indiana Court of Appeals ruled Thursday in a precedent-setting case.
COA affirms GPS monitoring after violation of protective order
A Hendricks County man will remain on GPS monitoring after the Indiana Court of Appeals ruled Thursday his estranged wife presented sufficient evidence of his violation of a protective order and that he had notice of the possibility that he could be put on a GPS tracker.
COA affirms escapee’s convictions, consecutive sentences
A man who escaped in handcuffs from a police vehicle will remain in prison on escape and drug charges after the Indiana Court of Appeals determined Thursday the trial court did not err in instructing the jury or imposing his sentence.
7th Circuit affirms denial of disability benefits
The 7th Circuit Court of Appeals has affirmed the denial of a woman’s application for disability benefits after finding an administrative law judge properly determined the woman’s medical impairments did not prevent her from working certain jobs.
7th Circuit denies rehearing, allows case to proceed to evidentiary hearing
A man convicted as a teenager in a 2008 Elkhart murder will still be given a federal evidentiary hearing on his claim of ineffective assistance of post-conviction counsel after a majority of 7th Circuit Court of Appeals judges denied the state’s petition for a panel or en banc rehearing.
Tax Court rules in favor of exemptions for trucking company
The Indiana Tax Court has ruled in favor of a northern Indiana trucking company protesting a proposed tax assessment of nearly $500,000, finding the company’s use of its trucks were predominately related to public transportation during the years at issue.
Appellate court finds man’s conduct constituted just 1 instance of contempt
A man originally sentenced to one year in prison for disrupting court proceedings will instead serve only six months after the Indiana Court of Appeals found his contempt citation stemmed from a single incident.
COA: Group voir dire did not violate right to impartial jury
An Indianapolis man who attempted to rob a pharmacy in a city more than an hour away was not denied his right to an impartial jury by the use of group voir dire, the Indiana Court of Appeals held Wednesday.
Fired lab worker loses discrimination appeal
The 7th Circuit Court of Appeals has affirmed summary judgment for an Indiana laboratory after finding a former employee failed to prove his employment termination was based on his age and his filing of two claims with the Equal Employment Opportunity Commission.
7th Circuit sends contractual claims back to state court
A fixed based operator stationed at the Gary/Chicago International Airport must pursue its contractual claims against the airport authority in state court, as the FBO failed to present a constitutional claim that could be considered in federal court, the 7th Circuit Court of Appeals ruled Thursday.
7th Circuit vacates plea, reverses 15-year sentence for illegal possession of a firearm
An Indiana man’s 15-year sentence for possession of a firearm in violation of the Armed Career Criminal Act has been reversed after the 7th Circuit Court of Appeals determined one of the man’s prior convictions did not constitute a violent felony and, thus, did not qualify him for a sentence above the 10-year statutory maximum.
Supreme Court remands attempted murder case for reconsideration
A Bloomfield man convicted of felony attempted murder will not get a new trial after the Indiana Supreme Court decided his case instead warranted reconsideration by trial court.
Judge rules for National Lampoon, against fraudster Durham
National Lampoon will have to get in line with other victims who are owed millions after Indianapolis Ponzi scheme mastermind Tim Durham looted more than $208 million from investors in Ohio-based Fair Finance Co. Any recovery by the comedy conglomerate following a Monday court ruling is likely to assist Fair Finance victims.
COA rejects declaratory relief petition challenging molestation convictions
A southern Indiana man cannot seek declaratory relief after he was convicted on multiple counts of child molesting because the Indiana Court of Appeals found his challenge to be an attempt to circumvent Indiana’s established appellate procedures.