7th Circuit: Injured worker not qualified individual under ADA
The 7th Circuit Court of Appeals has affirmed a ruling that a woman fired from her job after a spinal injury was not a qualified individual under the Americans with Disabilities Act.
Court opinions
Articles
Ruling awarding dad joint custody tossed for lack of findings
The ruling of a Marion County judge that awarded a father joint physical custody lacked sufficient reasoning and was reversed on appeal Thursday.
Indianapolis’ Amazon offer can remain secret, COA affirms
Indianapolis’ offer of taxpayer money and financial incentives in an unsuccessful attempt to lure a coveted second Amazon headquarters can remain secret, the Indiana Court of Appeals has ruled, rejecting an appeal by a tax trade publication that argued the offer must be disclosed as a public record.
Indy Trump lawyer asks SCOTUS to toss Wisconsin vote
An Indianapolis attorney representing President Donald Trump has asked the United States Supreme Court to overturn the results of the Wisconsin election that Trump lost to President-elect Joe Biden by more than 20,000 votes.
Opinions Dec. 30, 2020
The following 7th Circuit Court of Appeals opinion was posted after IL deadline on Tuesday:
USA v. Eduardo Ramirez
20-1006
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Damon R. Leichty.
Criminal. Affirms Eduardo Ramirez’s 72-month prison sentence for pleading guilty to possessing a firearm as a felon. Finds that the U.S. District Court for the Northern District of Indiana appropriately handled his “aging out” argument as no data supported it. Finds that the district court reasonably justified its above-guidelines sentence and that it is substantively reasonable.
Meth convictions upheld despite rewritten jury instructions
A trial court that rewrote the jury instructions offered by the Indiana Supreme Court proves everybody is an editor, but the Indiana Court of Appeals ruled the editing did not create an error that would overturn the defendant’s convictions.
COA splits on damages award in nursing home’s breach of warranty dispute
A split Indiana Court of Appeals panel has reversed a damages award to a nursing home in its breach of warranty dispute with a roofing company, with a dissenting judge arguing that the damage award was within the scope of the evidence.
Opinions Dec. 29, 2020
The following 7th Circuit Court of Appeals opinion was posted after IL deadline Monday.
USA v. Hector S. Castro-Aguirre
19-1074
Appeals from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Tanya Walton Pratt.
Criminal. Affirms the various drug and conspiracy convictions and sentences of Hector Saul Castro-Aguirre, John Ramirez-Prado, and Rafael Rojas-Reyes. However, vacates Jose Manuel Carrillo-Tremillo’s conviction and sentence for conspiracy to launder money upon finding no evidence that would permit a rational trier of fact to connect Carrillo-Tremillo to a conspiracy to launder money. Remands his case for resentencing.
Scott County party barn lawsuit untimely, COA affirms
A panel of the Indiana Court of Appeals has affirmed for the Scott County Board of Commissioners and other defendants in a dispute brought by a farm owner who dislikes the idea of having a barn event venue constructed next to her home.
Opinions Dec. 28, 2020
Indiana Court of Appeals
Paula Henderson v. New Wineskin Ministries Corporation
20A-CT-1317
Civil tort. Affirms the Marion Superior Court’s grant of summary judgment to New Wineskin Ministries Corporation on Paula Henderson’s negligence complaint after she slipped and fell in the church parking lot. Finds “premises” as used in Indiana Code Section 34-31-7-2 includes parking lots and the undisputed evidence shows the danger that caused Henderson’s injury was not hidden. Thus, the trial court did not err in granting summary judgment to New Wineskin.
COA affirms judgment to Menard, Inc. following motorcycle crash
The Indiana Court of Appeals has affirmed a judgment favoring Menard, Inc. following a Southern Indiana motorcycle crash that occurred when a couple hit a wooden pallet in the middle of the road, injuring one rider.
Appeals panel finds for church in snowy parking lot slip-and-fall case
A woman injured after slipping in an icy church parking lot could not convince the Indiana Court of Appeals that her fall was caused by a hidden danger and that her negligence suit was wrongly decided.
Opinions Dec. 23, 2020
The following Supreme Court opinion was posted after IL deadline on Tuesday.
Brian J. Allen v. State of Indiana
20S-XP-506
Expungement. Reverses the Dearborn Superior Court’s order denying Brian Allen’s petition for expungement and remands with instructions for the court to reconsider its decision consistent with the Supreme Court’s opinion. Finds Allen was eligible for an expungement and that the trial court didn’t indicate why it denied Allen’s petition for expungement.
Man loses constitutionality appeal of child-porn conviction
Indiana’s child pornography statute is not unconstitutionally vague, the Indiana Court of Appeals ruled Wednesday, rejecting a northern Indiana man’s challenge to his conviction. The appeals court also found the evidence against the defendant was supported a jury’s guilty verdict.
Lawsuit challenges Indiana laws on disposal of fetal remains
An Indianapolis abortion clinic is suing the state of Indiana, challenging provisions of a state law upheld last year by the U.S. Supreme Court requiring fetal remains to be buried or cremated after an abortion.
Bell and Grass: Confidentiality clauses, contraband and the duty to report
The Indiana Supreme Court recently issued a disciplinary opinion that addressed the issues of confidentiality clauses in settlement agreements, a lawyer’s handling of contraband, and the tension between a lawyer’s duty to report child abuse and the lawyer’s duty of confidentiality.
Indiana Court Decisions – Dec. 3-15, 2020
Read Indiana appellate court decisions from the most recent reporting period.
Opinions Dec. 22, 2020
Indiana Court of Appeals
Michael Wisdom v. State of Indiana
20A-CR-931
Criminal. Affirms Michael Wisdom’s 16-year sentence for his conviction of Level 4 possession of a schedule II narcotic drug and a gang-related sentencing enhancement. Finds Wisdom was not twice prosecuted for the same offense in violation of the Indiana Constitution. Also finds the Vanderburgh Circuit Court did not abuse its discretion by admitting into evidence posts from Facebook and Instagram.
COA upholds gang-related sentence enhancement
An Evansville man whose sentence was enhanced for gang-related activity could not convince the Indiana Court of Appeals that he was prosecuted twice for the same offense in violation of the Indiana Constitution.
Appeals panel splits on division of $1M retirement accounts in prenup dispute
A dispute over the terms of a prenuptial agreement has resulted in the division of part of a man’s nearly $1 million retirement accounts with his ex-wife. A dissenting judge, however, would not award the wife any portion of the retirement funds.