Indiana Court decisions – Aug. 2–15, 2018
Read Indiana appellate court decisions from the most recent reporting period.
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Elkhart wrongful conviction case latest in county’s justice system
An effort to exonerate a man with limited mental capacity who was convicted of murder 13 years ago is the latest in a string of criminal cases that have put a spotlight on the extraordinary number of wrongful convictions in Elkhart County.
Fighting fear, stigma of impairment due to mental health issues
Legal employers interested in helping colleagues impaired by issues such as substance abuse, depression or cognitive degeneration now have a versatile toolkit they can customize to meet the needs of their attorney and the organization.
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.
Appellate Court: $1.3 million awarded in minor vehicle accident not excessive
A more than $1 million verdict awarded to a woman in a minor vehicle accident was upheld by the Indiana Court of Appeals, which affirmed the verdict in light of the woman's serious lifetime impairments.
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.
Allen County JNC to interview candidates to replace Surbeck
The Allen Superior Court Judicial Nominating Commission will interview seven applicants next week to fill an upcoming vacancy in the court’s Criminal Division. The applicants are vying to succeed Judge John Surbeck, one of two longtime Fort Wayne jurists who will retire at the end of the year.
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.
Prosecutors cite ethics rules to Hill in abortion lawsuit
Three Indiana prosecutors are renewing their calls for Indiana Attorney General Curtis Hill to concede on their behalf the merits of lawsuit that blocked a 2018 abortion law and told the AG's staff in an email that Hill is obligated under the Indiana Rules of Professional Conduct to follow their directive as his clients. Hill, however, maintains he is authorized to defend the statute on behalf of his "ultimate client:" the people of Indiana.
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.
Boone, Shelby County judges certified as senior judges
The Indiana Judicial Nominating Commission has certified two new senior judges to serve in Indiana’s trial courts. Indiana Supreme Court Chief Justice Loretta Rush, acting as chair of the Indiana Judicial Nominating Commission, certified J. Jeffrey Edens and Charles D. O’Connor as senior judges in Boone and Shelby counties, respectively.
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.
Expensive renovations lead to West Virginia impeachment, political feud
A taste for blue suede sofas, inlaid wooden floor maps and glass countertops has led to the retirement of two West Virginia Supreme Court justices and the impeachment of three others. It also has created a political firestorm, as Democrats accuse the Republican-led Legislature of using the impeachments to try to take control of the court, a separate branch of government.
Questions mark first day of deliberations at Manafort trial
The jury in the fraud trial of former Trump campaign chairman Paul Manafort ended its first day of deliberations with a series of questions to the judge, including a request to “redefine” reasonable doubt. The questions came after roughly seven hours of deliberation, delivered in a handwritten note to U.S. District Judge T.S. Ellis III. Ellis read the questions aloud to lawyers for both sides as well as Manafort before he called the jury in to give his answers.
Fort Wayne settles suit challenging amplified-noise statute
Indiana’s second-largest city has settled a federal lawsuit that challenged a portion of its ordinance regulating amplified noises. Court documents filed Tuesday show the city of Fort Wayne has agreed to an injunction permanently barring it from enforcing a provision that “prohibits amplified sound, including speech, that can be heard more than 50 feet from the source.”
Judge lets Marion County inmate suicide suit proceed
A lawsuit claiming the Marion County Sheriff’s Office and one of its deputies violated an inmate’s constitutional rights by leaving him unattended long enough for the inmate to kill himself will continue after a district court judge declined to fully grant summary judgment to the county.
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.