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As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowThe following 7th Circuit Court of Appeals opinion was posted after IL deadline on Thursday:
James E. Hinkle v. Ron Neal, Warden
21-2067
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Senior Judge Robert L. Miller Jr.
Civil. Affirms the denial of habeas relief for James Hinkle, who is serving a 42-year prison sentence for sexually molesting his minor nephew. Finds the Court of Appeals of Indiana did not unreasonably apply federal constitutional law in upholding the exclusion of evidence of the victim’s drug use. Judge Candace Jackson-Akiwumi dissents with separate opinion.
Court of Appeals of Indiana
James Stephens v. The Honorable Peggy Ryan Hart, Magistrate
22A-MI-1301
Miscellaneous. Affirms the dismissal of James Stephens’ claims against Marion Superior Magistrate Judge Peggy Hart regarding his denial of petition for post-conviction relief. Finds the claims were subject to dismissal based on absolute judicial immunity. Also finds Stephens’ waived argument that the trial court magistrate judge lacked authority to dismiss his complaint is not well-taken. Finally, finds Stephens has waived any constitutional challenge to the statute granting magistrate judges the authority to enter final appealable orders.
L.W. v. Review Board of the Indiana Department of Workforce Development (mem. dec.)
22A-EX-1081
Agency action. Affirms the decision of the Review Board of the Indiana Department of Workforce Development, which adopted and affirmed the decision of an administration law judge who dismissed as untimely L.W.’s appeal after she was assessed an overpayment and penalties. Finds that because L.W. filed her appeal of the adverse determination by the DWD well beyond the statutorily prescribed 10-day time limit, the ALJ did not acquire jurisdiction over L.W.’s case and was unable to consider her underlying claim that she did not knowingly fail to disclose or misrepresent material facts when filing her unemployment claims a decade earlier. Also finds the ALJ’s decision that the appeal should be dismissed as untimely was a correct interpretation and application of the law.
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