7th Circuit upholds life sentence for Hoosier man in child sex crimes case
A life sentence has been upheld against an Indiana man convicted of a dozen crimes related to his production and possession of child pornography.
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COA reverses for Madison man removed from community boards by mayor
A Madison man who was removed from two community boards by the mayor after a heated exchange during a public meeting could still be reinstated after a split Court of Appeals of Indiana found multiple errors were made by the trial court in its legal reasoning for denying him injunctive relief.
7th Circuit: No ‘qualitative’ limitations in disability denial
An Indiana woman who was denied Social Security disability benefits failed to convince the 7th Circuit Court of Appeals that an administrative law judge erred by not considering the mental difficulty she experienced when being around more than five people at once.
Court rejects CenterPoint’s billing method for solar power
The Indiana appeals court has ruled in favor of consumer advocacy groups that challenged a change in the way a southwestern Indiana utility bills customers who have solar panels.
Indiana Court Decisions — Jan. 13-26, 2022
Read Indiana appellate court decisions from the most recent reporting period.
Indiana justices’ opinion in ‘revenge porn’ case lauded
Academics and lawyers specializing in free speech and cyber civil rights issues are hailing a recent Indiana Supreme Court ruling regarding the sharing of nonconsensual pornographic images.
Justices order for resentencing of drunken driver
A Logansport man who was charged with drunken driving without a license with his three young grandchildren in his vehicle will be resentenced after the Indiana Supreme Court found “multiple irregularities” in his original sentencing.
COA reverses judgment for general contractor in dispute with loan broker
The Court of Appeals of Indiana has reversed for a general contractor after it found the Marion Superior Court erroneously awarded a mortgage servicer judgment in a breach-of-contract dispute.
COA affirms felony auto theft conviction, habitual offender finding
A Lawrence County man has failed in his bid to overturn his auto theft conviction and habitual offender status, despite his argument that the ruling produced an improper double enhancement.
COA upholds denial of guardianship petition filed by child’s de facto guardians
The Court of Appeals of Indiana has affirmed the denial of a couple’s petition for guardianship of a child for whom they served as de facto custodians, finding that guardianship was not in the child’s best interests.
False-statement conviction vacated for double jeopardy after woman falsified form to recover grandfather’s handgun
A woman who provided false information on a document to recover a handgun she had pawned was wrongly convicted on double jeopardy grounds, according to the Court of Appeals of Indiana. However, one of the woman’s two felony convictions will not be vacated.
Michigan settlement lets faith agencies deny LGBT adoptions
Faith-based adoption agencies that contract with the state of Michigan can refuse to place children with same-sex couples under a proposed settlement filed in federal court Tuesday, months after the U.S. Supreme Court ruled for a Catholic charity in a similar case.
Defendant wins exclusion of breath-test results in traffic infraction case
A man who sought to suppress evidence of his alcohol concentration equivalent during prosecution for a traffic infraction has secured a reversal from the Court of Appeals of Indiana.
COA affirms expungement denial following remand from Supreme Court
The Court of Appeals of Indiana has affirmed the denial of a man’s expungement petition for a violent burglary he took part in two decades ago following a remand from the Indiana Supreme Court.
Justices: South Bend condo HOA can move forward with faulty construction lawsuit
A homeowners association made up of condominium owners in a South Bend condo complex can move forward with its claims of faulty construction work against two of the four defendants named in its original lawsuit after a reversal by the Indiana Supreme Court.
7th Circuit affirms enhanced sentencing despite SCOTUS changes to Armed Career Criminal Act
A “violent felon” will not have his enhanced sentence vacated after the 7th Circuit Court of Appeals determined he still met the provisions of the Armed Career Criminal Act despite a 2015 Supreme Court order that found part of the statute unconstitutionally vague.
7th Circuit overturns summary judgment, gives inmate another chance to litigate grievance
An inmate who was not given the necessary paperwork to file a grievance will get to litigate his Eighth Amendment complaint in federal court after the 7th Circuit Court of Appeals issued the reminder that administrative remedies provided to prisoners must be “available in fact and not merely in form.”
Split COA divided over ‘eligible defendant’ argument in belated sentencing appeal
A split appellate panel has affirmed the denial of a woman’s petition for permission to file a belated notice of appeal of her 30-year sentence, finding she was not an “eligible defendant” because she waived her right to appeal in a plea agreement. But a dissenting judge argued the opposite.
Court bolsters defendant’s right to cross-examine witnesses
The Supreme Court on Thursday buttressed a criminal defendant’s right to cross-examine prosecution witnesses, ruling in favor of a New York man who was convicted of killing a 2-year-old boy on Easter Sunday in 2006.
Appellate court dismisses Lake County, sheriff’s department from complaint filed by man who was tased
Plaintiffs who changed counsel and amended their complaint in their lawsuit against a Lake County sheriff’s deputy will not get to include new defendants because the Court of Appeals of Indiana found they failed to show that the omission of the Lake County Sheriff’s Department and Lake County in the original complaint was a mistake.