7th Circuit wants rationale for sentence
A defendant was unable to get his revocation of probation overturned, but he is heading back to court for another sentencing after the District judge failed to give reasons for imposing a two-year jail term.
Court opinions
Articles
Website domain dispute pulled from justices’ calendar
A dispute over a website address that had been scheduled for oral arguments Wednesday before the Indiana Supreme Court has been settled, an attorney involved in the case said.
Split 7th Circuit allows death penalty challenge asserting intellectual disability
A killer sentenced in Texas and awaiting execution on federal death row in Terre Haute will be allowed to proceed with efforts to present new evidence of intellectual disability that would make him ineligible for capital punishment, a 7th Circuit Court of Appeals en banc review determined in a 6-5 opinion.
COA orders judgment in favor of woman on adverse possession claim
Because there is evidence that both the woman who purchased land from a trust and the trustee paid taxes on a disputed 1.8 acres of land for at least 10 years, the woman’s claim for adverse possession of the land should be granted, the Indiana Court of Appeals held.
Court OKs admission of tweets, reverses criminal gang activity conviction
In a case of first impression regarding the authentication of social media posts, the Indiana Court of Appeals held that the testimony from the defendant’s girlfriend that the Twitter account belonged to her boyfriend, as well as content from that account, sufficiently showed the defendant was the author of its tweets.
COA orders woman’s sentence revised to include credit time
The Indiana Court of Appeals found Thursday that a trial court incorrectly calculated the sentence a woman should serve in the Department of Correction after she had her probation revoked.
Revised sentence modification statute not applicable in defendant’s case
A trial court did not err in denying a man’s petition to modify his sentence after finding that the current version of the sentencing modification statute is not applicable to his sentence, which he began serving in 1989. The Indiana Court of Appeals panel relied on a January decision by its colleagues to affirm the denial of Mitchell Swallows’ petition.
Wiretap evidence properly admitted at murder trial
The Indiana Court of Appeals upheld a man’s conviction of murdering his stepfather, finding that the trial court did not abuse its discretion in admitting wiretap evidence in which the defendant told a friend he was involved in the killing.
Justices affirm upward deviation from child support guidelines
A trial court did not commit clear error when it deviated from the Indiana Child Support Guidelines by not granting a father the full parenting time credit calculated and allowed his ex-wife to claim their child each year on her taxes, the Indiana Supreme Court ruled Tuesday. The justices also outlined the best practices to be used when a trial court conducts summary proceedings.
Brothers’ murder convictions upheld by COA
Two brothers convicted in the murder of a man with whom they previously had an altercation are not entitled to a new trial based on one juror’s concerns for her safety after recognizing someone sitting in the gallery, the Indiana Court of Appeals held Wednesday.
COA affirms new trial on motorcyclist’s negligence claim
A trial court did not abuse its discretion when it set aside a jury verdict allocating 70 percent of fault to a motorcyclist who hit a dog that darted in front of his bike, the Indiana Court of Appeals ruled. The motorcyclist was injured in the accident and sued the dog’s owners.
Mother’s failure to timely contest adoption dooms appeal
A woman who failed to give notice to the court within 30 days after learning her child’s stepmother sought to adopt the child could not convince the Indiana Court of Appeals that her due process was denied in the matter.
Ex-Valpo attorney pleads guilty to wire fraud, money laundering
Former Valparaiso lawyer Clark Holesinger will plead guilty to federal wire fraud and money-laundering charges accusing him of stealing $2 million, according to an information announced Friday in the U.S. District Court for the Northern District of Indiana.
Lawsuit against hip replacement maker to remain in Indiana
The lawsuit brought by 19 people in Virginia and Mississippi against Warsaw, Indiana-based DePuy Orthopaedics alleging injuries from a now-recalled hip implant will remain in Indiana over the medical manufacturer’s objections.
Justices affirm LWOP sentence, admission of suicide note
A southern Indiana man challenging his robbery and murder convictions and sentence to spend the rest of his life in prison lost his appeal before the Indiana Supreme Court Thursday. The justices rejected the man’s claim that his sentence should be reduced to a term of years.
Bank wins partial victory in suit stemming from overdraft fees
A bank being sued by customers over how it orders transactions – allegedly to maximize profits from overdraft fees – is entitled to summary judgment on most of the state claims alleged by customers in a class-action lawsuit, the Indiana Court of Appeals ruled Thursday.
Handgun properly admitted at juvenile’s hearing
A handgun discarded by a teen after seeing a marked police car – and later picked up by the officer who saw the teen throw the gun into a yard – was properly admitted at his delinquency hearing, the Indiana Court of Appeals affirmed.
Advisory opinion issued about ex parte petitions for temporary custody
The Indiana Commission on Judicial Qualifications has issued an advisory opinion to judges in response to numerous ethical complaints about judges granting ex parte petitions for temporary custody in non-emergency cases or when there was no attempt to provide notice to the adverse party.
Justices rule in favor of Anthem in excess insurance disputes
Anthem Inc. is entitled to its costs of settling litigation in which the insurance giant was accused of improperly handling claims, the Indiana Supreme Court ruled Wednesday. The reinsurance companies argued that coverage was barred based on the excess insurance policies.
Court reverses convictions from robbery due to double jeopardy concerns
Three of a man’s eight convictions stemming from his robbery of acquaintances were reversed or reduced because the convictions or elevated classes were based on the same elements of the crime, the Indiana Court of Appeals held Wednesday.