Judge’s miscalculation leads to remand for resentencing
A judge’s miscalculation of a man’s federal court sentence based on the number of his prior felony convictions prompted the 7th Circuit Court to remand for resentencing Thursday.
Court opinions
Articles
7th Circuit: Disability benefit arguments lack merit
Medical evidence did not support the testimony of a deceased man about the degree of limitations he experienced, the 7th Circuit affirmed when reviewing his denied disability benefits case. The court found arguments in the case lacked merit.
7th Circuit remands mandatory-minimum drug case for resentencing
A “dangerous drug” conviction in Arizona is not considered a felony drug offense qualifying for particular federal mandatory minimum sentencing in Indiana under because of differences in definitions, the 7th Circuit Court of Appeals determined.
7th Circuit slaps ALJ, remands engineer’s disability case after stroke
A district court’s decision affirming a Social Security administrative law judge’s ruling on the onset date of an engineer’s disability was vacated Wednesday by the 7th Circuit Court of Appeals, which found medical and other evidence strongly suggests an earlier disability date.
7th Circuit: Meth weight needs only preponderance of evidence
Determining drug quantities at sentencing is not an exact science and requires only proof by a preponderance of the evidence, the 7th Circuit Court of Appeals affirmed Wednesday.
Indiana Supreme court ruling doesn’t settle Lake Michigan beach access
An Indiana man alleges a homeowner along Lake Michigan tried to remove people from the beach despite an Indiana Supreme Court ruling allowing lakeshore access, despite an Indiana Supreme Court ruling that the state owns the shoreline and holds it in trust for all residents.
Malpractice verdict for doctor, barring of late expert witness affirmed
The Indiana Court of Appeals affirmed a jury verdict in favor of a doctor sued for malpractice after a patient died, finding the trial court didn’t err in limiting the plaintiff’s evidence.
COA: Suit can’t be filed in Indiana when contract says Texas
A contract between two Hoosier trucking companies requiring any litigation between them to be filed in Texas and not Indiana was enforceable and valid, the Indiana Court of Appeals affirmed Thursday.
Drug dealer’s conviction after failed sting operation affirmed
A man convicted of dealing heroin and sentenced to 12 years in prison after he cancelled a planned drug buy that law enforcement had set up with the help of a criminal informant lost his appeal Thursday.
Heroin overdose sufficient for possession conviction, COA rules
A man who argued public policy should disfavor criminally charging people who have overdosed on heroin lost Wednesday, as the Indiana Court of Appeals affirmed his felony possession conviction.
COA affirms denial of second foreclosure settlement conference
A woman facing foreclosure won’t be awarded a second chance at a settlement conference after the case was officially closed due to her lack of response, the Indiana Court of Appeals affirmed Wednesday.
COA affirms award of fees, dismissal of stepmom’s visitation suit
No reasonable attorney would have considered a stepmother’s visitation petition filed in a court other than that of the mother and father’s custody case to be justified or worthy of litigation, according to the Indiana Court of Appeals. The court affirmed dismissal of the case and an award of attorney fees to the mother.
DOC wardship of juvenile delinquent affirmed
A 17-year-old adjudicated as a juvenile delinquent has failed to convince the Indiana Court of Appeals to overturn the Indiana Department of Correction’s wardship over him after failing to prove the case’s disposition constituted fundamental error. But the COA also urged courts to consider allowing juveniles to speak in such cases.
Justices to suspended attorney: Pay fine or face prison
The Indiana Supreme Court has ordered a Kokomo attorney who is already suspended to pay a fine or face a 15-day prison sentence after he was found in contempt for practicing law while suspended. The court said the lawyer twice contacted opposing counsel who responded by noting his suspension.
Supplier that ‘ghosted’ hotel ordered to pay nearly $300K
A lighting supplier that failed to deliver almost $100,000 worth of fixtures for a South Bend hotel renovation — then failed to respond to a resulting breach of contract lawsuit — has been ordered to pay treble damages and fees approaching $300,000.
Indiana Court decisions – July 15-Aug. 1, 2018
Read Indiana appellate decisions from the most recent reporting period.
COA allows Indiana-Arkansas breach of contract dispute to continue in Indiana
A breach of contract dispute between business owners in Indiana and Arkansas will continue in Indiana courts after the Indiana Court of Appeals reversed the dismissal of the Indiana-filed complaint for lack of personal jurisdiction.
7th Circuit upholds brother’s liability for $7 million judgment
A caustic business dispute between brothers has resulted in one brother being held personally liable for a $7 million judgment after the 7th Court of Appeals found his conduct supported a piercing the corporate veil judgment against him.
COA: 4th Amendment rights not violated by search of home
The Indiana Court of Appeals determined that a man’s Fourth Amendment rights were not violated during a search of his residence because law enforcement had ample reason to believe he was at the residence.
COA rules statute of limitations, contradictory testimony supports summary judgment entry
A time-barred complaint and contradictory statements made by a woman who claimed her privacy was violated during her knee-replacement surgery led the Indiana Court of appeals to affirm summary judgment for six defendants in a medical invasion of privacy case.