Denial of belated drug-dealing sentence appeal affirmed
The Indiana Court of Appeals affirmed the denial of an Orange County man’s petition to file a belated appeal of his sentence, finding he had waived that right upon agreeing to a plea deal.
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COA tosses belated probation revocation appeal
Indiana Supreme Court rulings do not permit a belated appeal of a probation revocation, the Indiana Court of Appeals held in dismissing a man’s appeal in such a case Thursday.
Man suing for unpaid wages awarded thousands more in appeal
The Indiana Court of Appeals affirmed in part a judgment issued to a former medical device company employee, granting him an additional award for unpaid wages and remanding for the calculation of additional attorney fees it concluded he is entitled to.
Condo complex loses 7th Circuit appeal in hail damage dispute
An Indianapolis condominium complex cannot seek more than $1 million in damages on a loan it took out to replace the shingles on its buildings, the 7th Circuit Court of Appeals ruled Friday.
Civil penalties imposed on Imperial Petroleum fraudster upheld
A man hired to artificially inflate an Indiana oil company’s stock has lost his appeal at the 7th Circuit Court of Appeals after the federal court concluded the extent of his cooperation and whistleblower activities was adequately assessed when he was issued more than $1.5 million in civil penalties.
Indiana appeals vacated conviction in IU student’s killing
Indiana is appealing a federal judge’s ruling that ordered the release of a man convicted in the 2000 killing of an Indiana University student.
Murder, insanity appeal focuses on police interrogation, Miranda
“I’m done talking,” Bargersville criminal defense attorney Stacy Uliana repeated before a panel of appellate judges on behalf of her client, Joshua Risinger. Those statements Risinger made to police interrogators who continued to question him form the basis of his appeal.
Supreme Court takes oral argument to Parke Heritage High School
Indiana Supreme Court justices will travel to Parke Heritage High School on Tuesday to hear oral arguments in the civil negligence case of Cavanaugh’s Sports Bar & Eatery, Ltd. v. Eric Porterfield, 18A-CT-1814.
Justices amend appellate procedure rules
The Indiana Supreme Court has made amendments to several Indiana Appellate Rules of procedure. The amended rules largely address changes in notice of appeal requirements.
Denial of last-minute habitual offender amendment upheld in triple-fatal
A trial court’s denial of the state’s motion to amend the habitual offender charging information against a defendant hours before his scheduled trial date was upheld Thursday. The case involves a crash that killed three people after the suspect allegedly fled Evansville police.
Surgeon loses malpractice appeal in amputation case
A northern Indiana orthopedic surgeon has lost his appeal in a medical negligence case brought by a patient who continued to experience pain in his hand following a finger amputation.
COA will hear habitual offender, frat house oral arguments
The Indiana Court of Appeals is set to hear oral arguments this week involving a man’s prolonged fight against his habitual offender status as well as a dispute regarding an Indiana University fraternity house property.
Ex-Portage mayor fighting federal convictions
A former northwestern Indiana mayor is continuing to fight the bribery and tax obstruction convictions that forced him from office earlier this year.
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.
Justices make amendments to appellate ‘Notice of Defect’ rules
The Indiana Supreme Court has made amendments to how attorneys and litigants are required to respond when their appellate filings do not comply with Indiana Rules of Appellate Procedure. An order from the court inserts new language into Appellate Rule 23 related to correcting filing defects and creates a new appendix to the rule.
Disbarred attorney loses mail fraud conviction appeal
A disbarred Indiana attorney who was convicted of mail fraud and sentenced to two years in federal prison after stealing more than $330,000 from a grocery store receivership has lost his appeal of both his conviction and sentence.
Justices let wrongful death suit proceed against Munster Church
A wrongful death suit brought against a Munster church by the family of a babysitter who died at the home of the church’s pastors will proceed to trial after the Indiana Supreme Court denied transfer last week.
Larry Nassar appeals his second sentence for sexual assaults
Attorneys for imprisoned sports doctor Larry Nassar have appealed his other sentence for sexually assaulting women and girls who sought treatment for injuries.
Judge to hear Nassar’s request that she disqualify herself
A judge who sentenced disgraced former sports doctor Larry Nassar to prison for molesting girls will hold a hearing on a request that she disqualify herself from his appeal of the sentence. Nassar’s court-appointed appellate lawyers said the judge was biased, citing comments such as saying she would allow someone “to do to him what he did to others” if the constitution allowed.
Lawyers: Nassar attacked in prison, deserves resentencing
Larry Nassar’s attorneys say the disgraced former sports doctor was assaulted within hours of being placed in the general population at the federal prison in Arizona where he is serving a 60-year sentence for child pornography possession.