Articles

7th Circuit rejects collateral attack

The 7th Circuit Court of Appeals has rejected a man’s petition for collateral relief based on ineffective assistance of counsel because the man failed to allege facts that proved his public defender did not provide proper counsel.

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7th Circuit affirms remand of veteran’s disability case

An Army National Guard veteran’s disability case is heading back to the Social Security Administration after the 7th Circuit Court of Appeals ruled Friday the veteran was not entitled to disability benefits based solely on the disability rating he received from the Department of Veterans Affairs.

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7th Circuit halts fraud restitution for ‘reckless’ Bank of America

Three defendants convicted of wire fraud in the purchase of 16 properties in Gary were clearly guilty of the crimes, but the 7th Circuit Court of Appeals Friday threw out a restitution order in favor of Bank of America and urged the district court in Hammond to consider fining the defendants instead.

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7th Circuit affirms deferral on sentencing request

An Indiana federal judge appropriately deferred judgment on a convicted child molester’s request for concurrent state and federal sentences because the state court was presented with additional facts that were relevant to sentencing, the 7th Circuit Court of Appeals decided Wednesday.

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Justices hold mayor lacked authority to fire utilities superintendent

A divided Indiana Supreme Court held Wednesday that a mayor did not have statutory authority to terminate his city’s utilities superintendent, writing in an opinion that “may well offend sound public policy” that only the utilities board can terminate the superintendent with cause, notice and a hearing.

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COA affirms convictions of man involved in fatal police chase

The Indiana Court of Appeals upheld a man’s various drug, handgun and resisting law enforcement convictions Wednesday after holding that the man was aware of the contraband in his vehicle and that his operation of the vehicle resulted in a passenger’s death.

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Supreme Court reverses CHINS determination

The Indiana Supreme Court reversed a children in need of services determination Tuesday after agreeing to hear the parents’ case on the merits, despite their premature notices of appeal.

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COA affirms summary judgment against Celadon in class action

The Indiana Court of Appeals has affirmed summary judgment against a prominent trucking company in a class-action lawsuit, holding that the terms of the company’s contract with its independent drivers require the company to deduct the cost of fuel from their compensation based only on the lowest discounted price.

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COA: Declaratory judgment, tort actions can arise from same occurrence

A declaratory judgment action can arise from the same occurrence as an underlying tort action for purposes of permissive joinder under Trial Rule 20, the Indiana Court of Appeals held Tuesday. The judges affirmed the denial of a request to sever two tort counts from a count seeking declaratory judgment.

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Cop denied murder rehearing to appeal to US Supreme Court

The 7th Circuit Court of Appeals has reversed itself and vacated its order to rehear a case of an Indiana police officer convicted of murder and arson. Glenn Patrick Bradford's attorney said he will ask the Supreme Court of the United States to hear the appeal.

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COA: Bank had no duty to woman injured by drunken driver

An Indiana bank does not owe a duty of care to a woman who was injured by a drunken driver after the bank’s employees helped the driver change his tire without knowing that he had been drinking, the Indiana Court of Appeals found Thursday.

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