Indiana Court Decisions: March 28-April 10, 2019
Read Indiana appellate court decisions from the most recent reporting period.
7th Circuit Court of Appeals
Articles
Indiana abortion fight shifts to ultrasound laws
In another dispute over an Indiana abortion law emanating passed in 2016, Planned Parenthood of Indiana and Kentucky filed its response Friday to the state’s petition asking the U.S. Supreme Court to uphold the amendment to the state’s ultrasound law.
7th Circuit dismisses fiberoptic trespass case over non-final judgment
Lack of jurisdiction prompted the 7th Circuit Court of Appeals’ dismissal of an Indiana man’s claims against a utility company Thursday, after it concluded the conditional dismissal of his claims against the company rendered the judgment non-final.
Same-sex birth certificate case stalls at 7th Circuit, putting families in limbo
Both Jackie Phillips-Stackman and her wife, Lisa, carry copies of their daughter’s birth certificate with them wherever they go as they wait for the 7th Circuit Court of Appeals to issue an opinion that they fear could upend their family.
Indiana Court Decisions — March 13-27, 2019
Read Indiana appellate court opinions for the most recent reporting period.
7th Circuit case highlights confusion over online home value ‘Zestimates’
The 7th Circuit both rejected proposed class action lawsuit against the website Zillow, but Realtors and real estate attorneys still have concerns about whether its “Zestimates” are unnecessarily misleading. Zillow, however, insists its estimation practices are transparent and legal, thus making their home valuations a beneficial tool for buyers and sellers.
Web Exclusive: Federal judiciary tightens sex harassment rules
The way the federal court system addresses sexual harassment complaints should be clearer and fairer moving forward now that the federal judiciary has made clarifying amendments to its workplace conduct rules.
7th Circuit reverses unwarranted gun sentence enhancement
The fact that drugs and guns were in the same place at the same time wasn’t enough to prove a man should have received a sentence enhancement for his convictions, the 7th Circuit Court of Appeals ruled, finding no connection between his felony cocaine possession and firearms.
Elkhart officers indicted for beating handcuffed suspect
Two Elkhart police officers who are alleged to have repeatedly punched a handcuffed man were indicted Thursday by a federal grand jury in Hammond for using excessive force against an arrestee.
7th Circuit finds leadership enhancement harmless error
An Indianapolis furniture salesman who used his business as a front for selling cocaine and heroin persuaded the 7th Circuit Court of Appeals to buy his argument that he did not have a leadership role in the drug operation, but his 30-year sentence was still affirmed.
Indiana abortion petition making eighth SCOTUS appearance, might be inspiring ‘screed’
Indiana’s petition for a review of its abortion law has been relisted for an eighth conference at the U.S. Supreme Court, raising suspicions that the case will not be accepted but could bring a fiery dissent.
Web Exclusive: Litigation continues over PACER fees
A group of retired federal judges has learned life after the bench comes with PACER fees, and they are lending their voice to those questioning fees for public access to online federal court records.
Teenager hit by train gets no relief in appeal to 7th Circuit
A 17-year-old who was found to be more than 50 percent at fault for the injuries he sustained from running in front of a moving train was unable to convince the 7th Circuit Court of Appeals that he had no warning the locomotive was coming down the tracks.
Divided 7th Circuit lifts injunction against Indiana fetal-tissue research ban
An Indianapolis judge’s ruling that blocked an Indiana law effectively banning stem cell research derived from aborted fetal tissue was reversed by a divided 7th Circuit Court of Appeals panel Thursday. The 2-1 decision is a defeat for Indiana University researchers challenging the ban, and a dissenting judge questioned the state’s motivation and intent behind a law he said threatens IU research into potential treatments for Alzheimer’s disease and other disorders.
Statehouse considering two abortion bills while court challenges loom
With petitions still pending at the U.S. Supreme Court over Indiana’s 2016 abortion law, two new anti-abortion bills are moving through the Statehouse and at least one, if it becomes law, could drag the state back into court for a new battle.
Waived appellate rights enforceable despite unusual waiver language, 7th Circuit rules
A man who explicitly waived his right to appeal his decade-long sentence was denied his appeal of that sentence Monday when the 7th Circuit Court of Appeals determined the waiver of his appellate rights was valid despite the “unusual” language of his plea agreement.
Indiana Court Decisions — Feb. 14-27, 2019
Read Indiana appellate court decisions from the most recent reporting period.
Ruling in smart meter case highlights privacy concerns
A ruling from the 7th Circuit Court of Appeals about smart meters inspired contradictory reactions as the appellate panel held that data collected through the devices by a public utility is protected by the Fourth Amendment, but then, in the next breath, found the search by the Naperville, Illinois, power company was reasonable.
Split 7th Circuit slams Indiana attorneys in grant of habeas petition
The 7th Circuit Court of Appeals granted a man’s habeas corpus petition — and offered harsh comments for Indiana defense attorneys — after finding ineffective assistance of counsel for a man whose attorney blatantly disregarded an opportunity to object to amended charges filed late.
7th Circuit remands Indiana civil forfeiture case
In another dispute in an Indiana civil forfeiture case, the 7th Circuit Court of Appeals has denied issuing an opinion on a district court ruling that found parts of the state statute unconstitutional, finding the lower court was not given a chance to address the state’s effort to fix the problem.