Divided justices order new trial in wrongful death suit involving unwilling juror
Indiana Supreme Court justices on Thursday split in ordering a new trial in a wrongful death case involving an unwilling juror and a denied for-cause challenge.
Indiana Supreme Court justices on Thursday split in ordering a new trial in a wrongful death case involving an unwilling juror and a denied for-cause challenge.
The following 7th Circuit Court of Appeals opinion was posted after IL deadline Wednesday:
C.Y. Wholesale, Inc., et al. v. Eric Holcomb, et al.
19-3034
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Senior Judge Sarah Evans Barker.
Civil. Vacates the injunction prohibiting the state of Indiana from enforcing its criminal prohibition on the manufacture, delivery or possession of smokable hemp under Indiana Code § 35-48-3-10.1. Finds the district court’s injunction swept too broadly. Remands for proceedings.
An injunction prohibiting the state government from prosecuting certain uses of smokable hemp has been lifted after the 7th Circuit Court of Appeals found the prohibition was overbroad. But when the smoke clears, the appellate panel said a revised injunction may still be appropriate.
The Indiana Court of Appeals has affirmed a former Danville man’s murder conviction following the death of his girlfriend’s minor child from multiple blunt force traumatic injuries.
A decades-long sentence has been affirmed for a woman who stole personal items from her former employer after being told she wouldn’t receive back wages after the business went under.
The Supreme Court of the United States ruled Thursday that a large chunk of eastern Oklahoma remains an American Indian reservation, a decision that state and federal officials have warned could throw Oklahoma into chaos.
Indiana Court of Appeals
Xavier Wesley Day v. State of Indiana (mem. dec.)
19A-CR-2997
Criminal. Affirms Xavier Day’s 40-year sentence for conviction of Level 1 felony murder. Finds the St. Joseph Superior Court did not commit fundamental error in instructing the jury.
The Supreme Court of the United States is siding with two Catholic schools in a ruling that underscores that certain employees of religious schools, hospitals and social service centers can’t sue for employment discrimination. The high court’s ruling on Wednesday was 7-2.
The United States Supreme Court on Wednesday sided with the Trump administration in its effort to allow employers who cite religious or moral objections to opt out of providing no-cost birth control to women as required by the Affordable Care Act.
Read Indiana appellate court decisions from the most recent reporting period.
A woman who learned years after she had been told that a hepatitis test was negative that in fact the test had come back positive had her case reinstated June 26 by the majority of an Indiana Court of Appeals panel. Two of three judges found a clinic fraudulently concealed the woman’s positive test result.
7th Circuit Court of Appeals
Monwell Douglas v. Faith Reeves
18‐2588
Appeal from the United States District Court for the Southern District of Indiana, Terre Haute Division.
Chief Judge Jane Magnus-Stinson.
Civil. Affirms the Indiana Southern District Court’s grant of summary judgment to Faith Reeves against Monwell Douglas, an Indiana prisoner who claimed Reeves retaliated against him for activity protected by the First Amendment. Finds no reasonable jury could conclude that Reeves inflicted deprivations on Douglas likely to deter a person of ordinary firmness from engaging in First Amendment activity.
An Indiana prisoner whose discipline conviction was overturned for lack of evidence did not persuade the 7th Circuit Court of Appeals that his case manager later retaliated against him for activity protected by the First Amendment.
A man convicted in a drug conspiracy could not convince the 7th Circuit Court of Appeals that he pleaded guilty to a lesser amount than what the government indicted him for.
The Indiana Court of Appeals has affirmed a northern Indiana woman’s felony conviction for assisting her godson after he murdered his teenage girlfriend, finding she did so with the intent to hinder his punishment.
A divided Indiana Supreme Court has sided with an appellate judge’s dissent in a drug dealing case, lowering a woman’s decades-long sentence pursuant to Appellate Rule 7(B).
The Supreme Court on Monday upheld a 1991 law that bars robocalls to cellphones. Six justices agreed that by allowing debt collection calls to cellphones, Congress “impermissibly favored debt-collection speech over political and other speech, in violation of the First Amendment.”
Indiana Court of Appeals
Robert Shorter v. State of Indiana
19A-CR-2904
Criminal. Affirms Robert Shorter’s convictions for Level 2 felony dealing in methamphetamine, Level 3 felony dealing in a narcotic drug, Level 3 felony conspiracy to commit dealing in a narcotic drug and Level 3 felony aiding, inducing or causing dealing in methamphetamine. Finds that the evidence was sufficient to support the convictions. Also finds no error in the admission of evidence that would violate the Fourth Amendment or Article 1, Section 11 of the Indiana Constitution. Judge Rudolph Pyle dissents with separate opinion.
A divided appellate court has affirmed a man’s drug dealing and conspiracy convictions despite disagreement among the panel as to whether admitted evidence found during a warrantless arrest should have been excluded.
An appellate panel has granted a man’s petition for rehearing, but only to correct a factual error it made in its original decision in his case.