The 7th Circuit Court of Appeals has found that an administrative law judge failed to properly assess a woman’s residual functional capacity in deciding whether she qualified for disability insurance benefits from the Social Security Administration. The judges ordered the case back to the agency for further proceedings.
A woman whose dogs attacked and injured two people failed to prove that the evidence was insufficient to support her convictions. But the Court of Appeals agreed that a portion of her overall sentence should be vacated based on double jeopardy grounds.
The Indiana Court of Appeals granted the former Clark County surveyor’s request for a rehearing on its decision regarding his involvement in two county projects, but found his assertions on rehearing are without merit.
A trial court’s decision to grant a father’s motion to modify custody and prevent his ex-wife from relocating with their son was clearly erroneous, the Indiana Court of Appeals concluded in reversing the decision. The lower court ruling virtually ignored the immense benefit the mother’s new position in Tennessee would bring to her and her son.
A trial court did not err when it found in favor of a homeowner on his breach of contract claim against the contractor he hired to repair his clay tile roof following a storm, the Indiana Court of Appeals concluded.
The Indiana Court of Appeals ruled that a trial court properly dismissed a couple’s complaint over the closure of an access road into cemetery where their daughter is buried.
Even though a restoration company’s contract with a homeowner did not satisfy the requirements of the Home Improvement Contracts Act, that did not automatically render the contract void, the Indiana Court of Appeals ruled. The judges reversed judgment in favor of the homeowner and ordered he pay the company for the work it performed.
The Indiana Court of Appeals has upheld summary judgment for a bank in its attempt to repossess a motorcycle, finding that while the purchasers of the motorcycle had an interest in it, their interest was not superior to the bank’s perfect security interest.
The Indiana Court of Appeals affirmed the trial court in concluding a new trial is warranted to determine allocation of fault in a man’s murder. At issue is the percentage of fault to allocate to a criminal defendant and his former employer.
The Indiana Court of Appeals has found the trial court should have granted summary judgment to a Department of Correction employee on a man’s claim that he was personally deprived a liberty interest when the DOC refused to remove his name from the sex offender registry.
The Indiana Court of Appeals affirmed a trial court in dismissing a paternity petition, but one judge dissented, saying the ruling now leaves the child with no legally recognized father.
The Indiana Court of Appeals affirmed a man’s public intoxication conviction, finding police had reasonable suspicion the man was intoxicated, and evidence is sufficient to support the conviction.
The Indiana Court of Appeals rejected a man’s argument that his charges should be dismissed or he deserved a mistrial, finding sufficient evidence to support his dealing in cocaine conviction.
The Indiana Court of Appeals has found that a school corporation seeking bids for renovations did not acquire the right to enforce a construction company’s mistaken bid.
The Indiana Court of Appeals has reduced the sentence of a defendant who used brass knuckles to injure a couple and then struck a victim’s father with his car, finding the 11-year sentence was inappropriate in light of the offenses and the defendant’s character.
The Indiana Court of Appeals has reversed the denial of summary judgment for a financial company seeking contract damages and other relief, finding the trial court should not have considered the defendant’s late-filed response on summary judgment.
The Indiana Court of Appeals was divided over whether a man could challenge his sentence following a guilty plea. One judge maintained that the defendant did not consent to his illegal sentence.
Because some of the facts establishing the elements of a Class A felony burglary conviction also established all of the essential elements of the Class B felony burglary conviction, the Indiana Court of Appeals ordered one conviction be vacated due to double jeopardy.
Because a woman failed to seek appellate review of the decision by the Worker’s Compensation Board of Indiana that she was not permanently and totally disabled, she waived any claim of error related to that decision, the Indiana Court of Appeals has ruled.
The Indiana Court of Appeals found a man’s double jeopardy claims were without merit, so his trial and direct appeal attorneys’ failure to raise these claims created no prejudice.