Indiana Court Decisions — May 9–21, 2019
Read Indiana appellate court decisions from the most recent reporting period.
7th Circuit Court of Appeals
Articles
7th Circuit won’t increase damages award in music trademark suit
A music company has failed to convince the 7th Circuit Court of Appeals to increase its award of damages by millions in a trademark suit against Guitar Center Stores, Inc.
Alabama governor invokes God in banning nearly all abortions
Alabama's Republican governor has signed the most stringent abortion legislation in the nation, making performing an abortion a felony in nearly all cases. The development comes as two Indiana petitions challenging abortion laws linger before the U.S. Supreme Court.
7th Circuit lets Fort Wayne police shooting case proceed
The 7th Circuit Court of Appeals declined to end an excessive force lawsuit against a Fort Wayne police officer, finding a review of the video of the shooting and arrest does not “utterly discredit” the plaintiff’s contentions that he was shot while trying to comply or did not have to respond to the officer’s commands.
Indiana Court Decisions — April 25-May 8, 2019
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Wood: 6 out of 7 chief judges in 7th Circuit soon to be women
Most chief judges at federal trial courts in the 7th Circuit — comprised of Illinois, Indiana and Wisconsin — are already women. Soon, there'll be just one man among them, 7th Circuit Chief Judge Diane Wood noted in a speech Monday.
7th Circuit reversal: Indiana may intervene in ACLU immigration case
The 7th Circuit Court of Appeals has reversed and remanded a district court’s denial of Indiana’s motion to intervene in a federal immigration case that prohibited the Marion County Sheriff’s Department from cooperating with U.S. Immigration and Customs Enforcement detention requests, finding the district court did not have jurisdiction to strike the motion.
7th Circuit upholds conviction in minor’s prostitution case
A man failed to persuade a 7th Circuit Court of Appeals panel that he should be granted a continuance and be acquitted from his conviction of transporting a 15-year-old girl for prostitution across state lines. The panel concluded the case was unnecessarily prolonged and would exact an emotional toll on the victim if further extended.
New bankruptcy judge appointed to Indiana Southern District bench
Lawrence Circuit Judge Andrea K. McCord has been appointed to a 14-year term as a bankruptcy judge in the Indiana Southern District Court based in New Albany. McCord will take office May 20, succeeding retiring bankruptcy Judge Basil H. Lorch III.
Indiana’s abortion ultrasound petition listed at U.S. Supreme Court
While the U.S. Supreme Court is still considering Indiana’s petition for a review of two abortion laws blocked by the lower courts, another abortion petition from the Hoosier state has been listed for the justices’ May 9 conference. Indiana filed a writ of certiorari Feb. 4, asking the Supreme Court to uphold its law requiring an ultrasound be performed on women seeking an abortion at least 18 hours before the procedure.
Man’s failure to wear hardhat didn’t cause tree cutting injury, 7th Circuit rules
A man who was nearly killed in a tree cutting accident successfully appealed his negligence claims to the 7th Circuit Court of Appeals, which found error with the admission of evidence that he was not wearing certain safety equipment at the time of the incident.
Career offender’s motion for relief untimely, 7th Circuit rules
A prisoner’s motion for relief following a U.S. Supreme Court ruling that invalidated certain language in the Armed Career Criminal Act was denied Thursday after the 7th Circuit Court of Appeals not only found his motion was untimely, but also unlikely to survive on the merits.
7th Circuit reversal: Damages claims brought by exonerated man may proceed
An exonerated man whose murder conviction was vacated nearly a decade ago can continue seeking damages against the investigators in his case, the 7th Circuit Court of Appeals has ruled, reversing a lower court’s decision that the claims couldn’t stand.
Indiana Court decisions – April 11-24, 2019
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7th Circuit: No due process violations against rejected billboard company
The 7th Circuit Court of Appeals has affirmed the denial of a digital billboard company’s motion for preliminary injunction against the City of Westfield, finding its due process rights were not violated when the city ordered construction on a billboard to stop.
7th Circuit rules DOC sex offender program violates Constitution
Finding the disclosures provide information that any law enforcement agent “would love to have,” the 7th Circuit Court of Appeals has ruled Indiana’s requirement that sex offender inmates give detailed accounts of their past actions violates the Constitution’s protections against self-incrimination.
7th Circuit upholds drug dealer’s career criminal ruling
The 7th Circuit Court of Appeals affirmed a determination that man convicted for drug-related offenses was a career offender under § 4B1.1 of the United States Sentencing Guidelines and that a corresponding enhancement was appropriately applied to his sentence, rejecting his interpretation of the statute.
SCOTUS asked to void Louisiana abortion law as Indiana case lingers
A Louisiana abortion clinic is asking the United States Supreme Court to strike down regulations that could leave the state with just one clinic, while justices continue to confer on whether to review Indiana abortion restrictions that were struck down by federal courts.
Mom loses SSDI appeal for extra benefits on behalf of son
A mother seeking additional disability benefits for her ailing son has failed to convince the 7th Circuit Court of Appeals that her child was entitled to benefits before he was 7 years old.
Indiana Court Decisions: March 28-April 10, 2019
Read Indiana appellate court decisions from the most recent reporting period.