An Amish couple with 13 children sued the federal government on Wednesday, accusing officials of violating their constitutional rights by insisting that they provide photographs of themselves before the Canadian wife’s request to become a permanent U.S. resident can be approved.
A consequential Indiana Court of Appeals ruling on an issue of first impression last month marked one of the first times state courts have been asked to reconcile civil rights with advancing technology. The question: considering the personal nature of the contents of a person’s smartphone, can an individual be forced to unlock a smartphone without violating the Fifth Amendment?
Law enforcement cannot force a Hamilton County woman to unlock her smartphone as part of criminal investigation because doing so would violate Fifth Amendment rights against self-incrimination, a divided panel of the Indiana Court of Appeals held on an issue of first impression that combined constitutional law with technological advancements.
The special counsel in the Russia investigation is seeking immunity for five potential witnesses in the upcoming trial of President Donald Trump’s former campaign chairman, Paul Manafort. The five individuals have indicated they won’t testify or provide other information “on the basis of their privilege against self-incrimination,” special counsel Robert Mueller’s office told a federal judge in Virginia in a court filing Tuesday.
When does an action become testimonial? What role do technological advances play in Fifth Amendment analyses? When can law enforcement compel people to unlock their cellphones without infringing on constitutional rights? The Indiana Court of Appeals is grappling with those questions as it considers a Fifth Amendment case of first impression.
The question of whether Indiana’s treatment program for convicted sex offenders is constitutional is not only providing a case of first impression for the 7th Circuit Court of Appeals but could also give the U.S. Supreme Court the opportunity to clear the confusion over when a prison violates an inmate’s Fifth Amendment rights against self-incrimination.
Whether and when constitutional rights afforded American citizens extend to non-citizens outside the nation's boundaries were at issue Wednesday when a federal appeals court heard arguments about the cross-border shooting death of a Mexican teenager by a U.S. Border Patrol agent.
A federal appeals court has upheld as lawful the government's bailout of American International Group in the heat of the financial crisis. It overturned a lower-court decision favoring the insurance giant's former CEO.
Two Notre Dame Law School students will get the opportunity to argue before an international appellate court when the U.S. Court of Appeals for the Armed Forces hosts oral arguments at the school next week.
The 7th Circuit Court of Appeals affirmed a man’s firearms and fraud convictions Wednesday, rejecting each of the former counselor’s arguments against his attorney and the district court judge.
The 7th Circuit Court of Appeals upheld a man’s child abuse and firearms convictions in a split decision. The court was divided over the admittance of the man's refusal to take a polygraph test into evidence.
The Indiana Court of Appeals found a minor was not in danger of sustaining injury from storage of her dried blood spot by the Indiana Department of Health and therefore lacked standing to bring a lawsuit, affirming the judgment of the Marion Superior Court.
While police officers who overheard a pretrial consultation between a suspect and his lawyer were definitely in the wrong, the total suppression of all the officers’ testimony in the case may not be necessary, the Indiana Supreme Court ruled in a unanimous decision
The United States 7th Circuit Court of Appeals ruled a judge’s process to sentence a man who pleaded guilty to possession of cocaine did not violate the Fifth Amendment Due Process Clause, and may even be a process to be emulated by other judges in the future.
The Indiana Court of Appeals affirmed a man’s convictions for criminal confinement and domestic battery, among other charges, after it found the state did not interfere by not allowing one of the man’s witnesses to testify.
The Indiana Court of Appeals agreed with a Fort Wayne police officer that a statement he gave as part of an internal affairs investigation into his role in a break-in of a foreclosed home should not be allowed at his criminal trial.
In a split decision, the Indiana Court of Appeals decided on interlocutory appeal that a trial court should not have issued a blanket exclusion order preventing all of the officers who eavesdropped on a defendant’s conversation with his attorney from testifying in any matter in the case.
A man convicted of murder for the 2005 shooting death of a 15-year-old on a Gary street wasn’t prejudiced by his attorney’s refusal to object to a prosecutor’s comments about the defendant’s failure to testify, the 7th Circuit Court of Appeals ruled Friday.
The Indiana Supreme Court Wednesday ordered a trial court to enjoin the Indiana Parole Board from enforcing the conditions of a man’s parole that prevent him from associating with minors. But the justices denied his request to find the Sex Offender Management and Monitoring program is unconstitutional.
Roman Catholic employers – including the owners of an Indiana company – won a Circuit Court ruling Friday blocking the “contraception mandate” contained in the Patient Protection and Affordable Care Act, commonly referred to as Obamacare.