The US Supreme Court has upheld a provision of federal law that requires foreign affiliates of U.S.-based health organizations to denounce prostitution as a condition of receiving taxpayer money to fight AIDS around the world.
The Supreme Court of the United States on Monday refused to block the execution of four federal prison inmates who are scheduled to be put to death in July and August. The executions, if permitted to proceed after further expected court challenges, would mark the first use of the death penalty on the federal level since 2003.
An Indianapolis restaurant that appealed the denial of summary judgment in a woman’s slip-and-fall case won a divided ruling Monday when two of three members of an Indiana Court of Appeals panel sided with the eatery.
A divided Supreme Court on Monday struck down a Louisiana law regulating abortion clinics, reasserting a commitment to abortion rights over fierce opposition from dissenting conservative justices in the first big abortion case of the Trump era.
A former police trainee accused of causing a drunken-driving crash on Interstate 465 five summers ago will go back to court with more evidence against him. The Indiana Supreme Court on Monday ruled that results of a blood draw after he refused a breath test were wrongly suppressed in Marion Superior Court.
An Indianapolis man who came to the United States as a child and subsequently qualified for a limited visa as a victim of crime who cooperated with law enforcement was wrongly ordered deported, the 7th Circuit Court of Appeals ruled Friday. The decision also rejected caselaw that limited immigration judges’ ability to administratively close cases when warranted.
A woman who filed a legal malpractice claim in a matter that began more than 20 years ago failed to convince the 7th Circuit Court of Appeals that her complaint over the distribution of a trust was timely.
The Indiana Supreme Court has ordered a new trial for a man convicted of attempted murder and handgun charges, finding an erroneous jury instruction diluted the standard for claiming self-defense.
The Supreme Court on Thursday strengthened the Trump administration’s ability to deport people seeking asylum without allowing them to make their case to a federal judge.
The following 7th Circuit Court of Appeals opinion was posted after IL deadline Thursday.
Carmine Greene v. Westfield Insurance Company
19-2260
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Philip P. Simon.
Civil. Affirms summary judgment for Westfield Insurance in a lawsuit brought by Carmine Greene and neighbors of the VIM Recycling property in Elkhart, seeking an order that Westfield pay a $50.56 million environmental pollution damages judgment entered against VIM. Finds that summary judgment for Westfield was proper because two coverage exceptions in the insurance policy apply.
A jury verdict for a woman who was seriously injured in a fall on a snow-covered sidewalk outside a Crown Point grocery store was upheld Friday by the Indiana Court of Appeals.
A horseman who claims he was injured after another rider’s horse got loose during training exercises at Indiana Grand Racing & Casino didn’t win, place or show Friday at the Indiana Court of Appeals.
The Indiana Court of Appeals overturned a ruling that had prevented a couple from seeing their grandchild, finding the trial court’s grant of the mother’s petition to dismiss the paternity cause after the grandparents had intervened would likely extinguish their right to visitation.
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 Friday 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.
A deaf man’s lawsuit that challenged the denial of a request for a sign language interpreter in a court-ordered family law modest means mediation was dismissed on appeal Friday.
A federal court ruling in favor of the insurer of a wood processing facility in Elkhart that was the subject of years of environmental litigation brought by neighbors was affirmed Thursday. The 7th Circuit Court of Appeals held Westfield Insurance owed no duty to cover its insured against an environmental damages award of more than $50 million.
The following 7th Circuit Court of Appeals opinion was posted after IL daily deadline Wednesday.
David L. Day, Jr. v. United States of America
18-2398
Appeal from the U.S. District Court for the Southern District of Indiana, Indianapolis Division
Judge Tanya Walton Pratt
Criminal. Vacates the denial of David Day’s pro se motion for relief from his 92-month sentence under 28 U.S.C § 2255. Rules the U.S. District Court for the Southern District of Indiana erred by denying the motion without an evidentiary hearing to hear Day’s arguments that his private attorneys were constitutionally ineffective for advising him to reject a favorable plea offer. Notes that to have his motion granted, Day will have to show a “reasonable probability” that he would have received a sentence lower than 92 months. Remands for an evidentiary hearing.
A Carmel landlord was properly awarded damages of nearly $250,000 plus attorney fees in a dispute over unpaid office rent, the Indiana Court of Appeals ruled Thursday. The appellate court found no grounds for disturbing a Hamilton Superior Court’s judgment that discredited the tenant’s argument.
The following Indiana Supreme Court decision was posted after IL deadline Tuesday.
Brian E. Hardin v. State of Indiana
20S-CR-418
Criminal. Affirms in a 3-2 decision Brian Hardin’s conviction and 22-year aggregate sentence for conviction of possession and dealing methamphetamine and the denial of his motion to suppress evidence found in a search of his truck. The majority — justices Christopher Goff, Mark Massa and Geoffrey Slaughter — find the search was not unreasonable under Litchfield v. State, 824 N.E.2d 356, 361 (Ind. 2005). Justice Steven David and Chief Justice Loretta Rush dissent and would grant the motion to suppress and remand for a new trial in Morgan Circuit Court. Slaughter in a separate concurrence questions the test developed under Litchfield.
A man’s confession to police was ruled insufficient without other evidence of a crime to support his conviction of battery with a deadly weapon, the Indiana Court of Appeals ruled Wednesday, vacating a conviction in a domestic violence case.