Indiana Court Decisions: July 28-Aug. 10, 2022
Read Indiana appellate court decisions from the most recent reporting period.
7th Circuit Court of Appeals
Articles
‘I’m really happy that I’m not an in-house counsel’: Lifted injunctions alter IN abortion laws even as Legislature passes ban
In the weeks leading up to the Indiana General Assembly’s special legislative session — as well as during the time lawmakers were in their Statehouse chambers drafting a new bill — Indiana’s abortion laws changed. Not in the sense of new legislation, but in the reality that old laws on the books could be enforced after years-old injunctions blocking them in federal courts were lifted.
7th Circuit affirms robbery provisions added to man’s sentence for illegal gun possession
The 7th Circuit Court of Appeals has affirmed the application of a robbery guideline provision used in sentencing a man for illegally possessing a firearm after finding that the gun was also involved in a robbery he committed earlier that day.
7th Circuit declines to grant prisoner’s limited remand request on crediting issue
A prisoner seeking to remedy the reimposition of his original restitution order, which excluded hundreds of dollars he had already paid towards it, was denied his request on Monday after the 7th Circuit Court of Appeals concluded he would receive credit for the amount one way or another.
7th Circuit affirms judgment for felon who used accomplice to buy guns
An Indiana felon who used an accomplice to purchase firearms couldn’t convince the 7th Circuit Court of Appeals that he was charged with duplicitous counts or that his sentence was improperly calculated. In July 2018, James Rogers, who had a previous felony conviction, went to a Rural King store in Bedford and handled multiple firearms […]
7th Circuits splits in affirming habeas corpus relief to Elkhart man convicted of murder
A split 7th Circuit Court of Appeals has affirmed an Elkhart man’s granted habeas corpus petition, finding that the Court of Appeals of Indiana applied a rule contradicting Supreme Court precedent in refusing him relief, leaving its decision not entitled to deference under the Antiterrorism and Effective Death Penalty Act.
Susan Brooks, John Tinder join chorus denouncing Indiana AG Todd Rokita
A former congresswoman and retired federal judge are publicly criticizing Indiana Attorney General Todd Rokita, describing his recent actions as smacking of McCarthyism and calling on law enforcement officials to “reject his example.”
District court’s explanations save enhanced sentence from remand
Although the 7th Circuit Court of Appeals was “troubled” by the Northern Indiana District Court’s approach to enhancing the sentence of a criminal defendant, the appellate panel was reassured by the lower court’s explanation and ruled any error was harmless.
USI student loses Title IX appeal following sexual assault suspension
A male student at the University of Southern Indiana was unable to halt his suspension for sexual assault after the 7th Circuit Court of Appeals found he did not show he was discriminated against because of his sex.
Autistic child can sue parents’ employer for denied therapy coverage, 7th Circuit affirms
A Hoosier child diagnosed with an autism disorder who was denied coverage for related therapy through his parents’ health plan may proceed with his suit against the parents’ employer, the 7th Circuit Court of Appeals has affirmed.
Future of abortion litigation in Indiana uncertain after governor signs abortion ban bill
The future of litigation waging a “global assault” on Indiana’s abortion regulation scheme is on hold as lawyers for both the state and pro-abortion rights organizations consider how to respond to Indiana’s new near-total abortion ban.
Pryor’s confirmation may be just a matter of time
Now the wait for the confirmation vote begins as the nomination of Southern Indiana District Court Magistrate Judge Doris Pryor to the 7th Circuit Court of Appeals has been sent to the U.S. Senate.
Repeating previous holdings, 7th Circuit dismisses officer’s appeal of qualified immunity denial
Repeating a point that has been made “many times,”’ the 7th Circuit Court of Appeals on Friday dismissed an officer’s interlocutory appeal challenging the denial of qualified immunity, with the court reiterating that it does not have jurisdiction over such appeals if there is a factual dispute.
Pryor’s nomination to 7th Circuit advances to full Senate
Southern Indiana District Court Magistrate Judge Doris Pryor’s nomination to the 7th Circuit Court of Appeals has advanced to the full U.S. Senate after the Senate Judiciary Committee voted in her favor Thursday morning, with two Republicans breaking from their party despite the ranking member announcing his opposition to her confirmation.
7th Circuit affirms summary judgment on ‘merchandized’ malpractice claim
The 7th Circuit Court of Appeals has affirmed judgment in favor of a northern Indiana law firm on a corporate legal malpractice claim, finding the claim was a “bargaining chip” in settlement proceedings.
Former Roncalli teacher turns to advocacy after 7th Circuit loss
After three years of fighting in federal court for her job, Lynn Starkey is shifting her focus.
Reversal: Inmate fired for attending prayer service didn’t miss step in grievance process
An inmate who filed a First Amendment complaint after he was fired from his prison job for going to a prayer service instead of work can proceed with his case against a prison officer after the 7th Circuit Court of Appeals reversed summary judgment for the officer.
Would-be GOP candidate can’t run on Republican ballot after party ban, 7th Circuit affirms
A longtime Indiana Republican who found himself at odds with the state’s Republican Party and was eventually banned from the GOP for a decade will have to stay off the Republican ballot, the 7th Circuit Court of Appeals has affirmed.
Indiana Court Decisions – July 13-27, 2022
Read Indiana appellate court decisions from the latest reporting period.
Bankruptcy filings still falling, reversal expected
Even as Americans are paying more at the gas pump and grocery checkout, filings for bankruptcy protection have continued to decline, dropping 17.7% nationally and 19.1% in the 7th Circuit for the year ending June 30, 2022.