Supreme Court rules against a man who was given 27 years in prison for having a gun
The Supreme Court ruled Thursday that a man whose conviction on gun charges was called into question by a recent high court decision is out of luck.
Appeals
Articles
Rokita’s office files new appeal in RFRA-based lawsuit against Indiana abortion ban
The state Attorney General’s Office has filed to appeal a judge’s decision to grant class action certification to a lawsuit that seeks to strike down Indiana’s near-total abortion ban on the basis of the state’s controversial religious freedom law.
Trial court lacked jurisdiction to rule on SSA benefits case, COA affirms in upholding dismissal of complaint
The federal Social Security Act preempts a woman’s state tort claims and a trial court ruled correctly that it lacked subject matter jurisdiction in the case, the Court of Appeals of Indiana affirmed Monday.
7th Circuit reverses Northern District judgment, reinstates indictment for man for answering falsely on firearm application
The 7th Circuit Court of Appeals reversed a district court’s judgment and reinstated a man’s criminal charges Friday for providing false answers on a firearm application document.
Former COA Judge Garrard dies at 91
Former Court of Appeals of Indiana Judge William I. Garrard, 91, died June 2.
Doctor’s affidavit, along with medical records and testimony, precluded summary judgment in negligence case, COA rules in reversal
A doctor’s affidavit, along with medical records and another doctor’s deposition, created a genuine issue of material fact that precluded the entry of summary judgment in favor of a widow in a medical negligence case, the Court of Appeals of Indiana has ruled.
Man showed insufficient causation for pre-accident pain, headaches, COA affirms
A man’s negligence claims for a 2018 car accident only apply to a shoulder injury sustained in the crash and not to pain from any pre-existing injuries or ailments, the Court of Appeals of Indiana ruled Monday in affirming a lower court’s decision.
Man’s ‘rather have a lawyer’ comment didn’t invoke Miranda rights in child sex-trafficking case, 7th Circuit affirms
A man convicted of child sex-trafficking did not have his Miranda rights violated when a detective asked him questions after he said he would “rather” have a lawyer, the 7th Circuit Court of Appeals ruled in affirming a lower court’s decision.
COA: No abuse of discretion in setting aside stipulated order in property sale, liens case
A trial court did not abuse its discretion when it granted a motion from a receiver and contractors to set aside a stipulated order in a case involving liens and a property sale, the Court of Appeals of Indiana has ruled.
Split COA, reverses, remands in case involving home heights, view of Lake Michigan
A split Court of Appeals of Indiana reversed a motion to dismiss and remanded for further proceedings on whether an Ogden Dunes couple can build a house taller than 30 feet that would obstruct the lake view of the houses behind them.
Landlords not liable for mail carrier being bitten by dog, COA affirms
An Evansville couple weren’t responsible under the state’s dog bite statute for a tenant’s terrier that bit a United States Postal Service mail carrier, the Court of Appeals of Indiana affirmed Friday in upholding a trial court’s granting of summary judgment.
7th Circuit affirms bribery, IRS obstruction convictions against ex-Indiana mayor
A former northwest Indiana mayor convicted of bribery and obstructing federal revenue laws failed to convince the 7th Circuit Court of Appeals that, among other things, his rights were violated when the government seized communications between him and his attorney.
Lawsuit against mortgage company falls short of False Claims Act standards, COA affirms
A former mortgage company employee who sued the company for allegedly falsifying loans in order to get federal insurance endorsement did not meet all of the criteria in the False Claims Act, the 7th Circuit Court of Appeals has ruled.
COA affirms declaratory judgment in case involving Clinton Co. sheriff who hired wife as jail matron
The Court of Appeals of Indiana affirmed a trial court’s declaratory judgment in a case involving Clinton County’s sheriff and his wife.
Indiana Medical Malpractice Act applies to claims in surgical procedures case, COA affirms
The Indiana Medical Malpractice Act applies to claims in a consolidated class-action lawsuit concerning a hospital technician’s failure to sterilize surgical equipment, the Court of Appeals of Indiana has ruled in partially affirming a lower court’s decision.
COA reverses and dismisses medical negligence case
An injured high school student needed to submit her complaint to a medical review panel before she presented it to a trial court, the Court of Appeals of Indiana ruled Wednesday in reversing and dismissing a case that alleged negligence.
COA affirms denial of post-conviction petition in sex crimes case
The Court of Appeals of Indiana denied a man’s post-conviction appeal Wednesday of his conviction and sentence for sexual misconduct with a minor, affirming that he received effective assistance from counsel and knowingly pleaded guilty in the case.
Trial court has jurisdiction over complaint against streaming services, COA affirms
The Court of Appeals of Indiana affirmed and remanded a case in which four Indiana cities allege streaming services are subjected to requirements of the Indiana Video Service Franchises Act, ruling that Marion Superior Court has the authority to hear the case.
COA grants rehearing, but reaffirms conspiracy to commit murder conviction
The Court of Appeals of Indiana granted a rehearing Tuesday and corrected a factual error in an opinion issued in April, but the court otherwise reaffirmed its ruling that there was sufficient evidence to support a conspiracy to commit murder conviction.
COA affirms man’s 9-year sentence for sex crimes against minor
A trial court didn’t abuse its discretion when it did not find a man’s autism spectrum disorder diagnosis to be a mitigating circumstance in his 2022 sentencing for sex crimes against a minor, the Court of Appeals of Indiana affirmed Monday.