Man has to pay back money despite court errors
The Indiana Court of Appeals ruled a man must pay back $19,486 he stole from another man despite court errors and the fact that the 10-year statute of limitations had expired.
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COA denies expungement after man admitted to committing crime
The fact that a man admitted to committing a crime was enough to deny expungement of his records, the Indiana Court of Appeals said, despite the fact he was not convicted of one during his expungement time period.
7th Circuit: cousins conspired to sell heroin; another gets new trial
The 7th Circuit Court of Appeals said two cousins conspired to distribute heroin, despite the claim from the defendants they were running separate heroin businesses.
Judge’s sentencing process does not violate due process
The United States 7th Circuit Court of Appeals ruled a judge’s process to sentence a man who pleaded guilty to possession of cocaine did not violate the Fifth Amendment Due Process Clause, and may even be a process to be emulated by other judges in the future.
Man can’t appeal piracy conviction
A man who pleaded guilty to piracy for his role in boarding a ship off the coast of Somalia in 2009 was denied a writ of habeas corpus because he waived that right when he pleaded to his crime.
7th Circuit rejects group’s I-69 challenges
The 7th Circuit Court of Appeals affirmed a federal judge’s ruling granting a motion to dismiss some charges and grant summary judgment on others to the United States Department of Transportation after a group opposing I-69 construction in southern Indiana, Citizens for Appropriate Rural Roads, filed a lawsuit.
Supreme Court upholds attempted obstruction of justice charge
The Indiana Supreme Court said it didn’t matter whether the statements made by a defendant in a letter he wrote to the mother of a child victim he molested were true, the man still was deserving of the attempted obstruction of justice conviction.
COA: man not entitled to relief under firearms statute
The Indiana Court of Appeals overturned a man’s request for summary judgment after he was fired for bringing a gun to work and instead granted summary judgment to his ex-employer after it found the man was not entitled to relief under statute or common law.
Supreme Court says statute of repose does not apply in prolonged asbestos cases
The Indiana Supreme Court declared in a split decision Wednesday that the Indiana Product Liability Statute, and specifically its 10-year statute of repose, does not apply to cases where the plaintiffs have had protracted exposure to inherently dangerous foreign substances.
Justices: State RICO law can apply to street-crimes
The Indiana Supreme Court ruled Wednesday that street-level crimes may be prosecuted under the state’s version of the Racketeer Influenced and Corrupt Organizations Act if the crimes aren’t isolated, affirming an Anderson man’s conviction of corrupt business influence related to a string of robberies.
Court denies summary judgment in excessive force case
The 7th Circuit Court of Appeals said there was enough evidence against two officers accused of excessive force while arresting a Hammond man to create material dispute and therefore reversed summary judgment for the officers. The case was remanded to District Court for further proceedings.
Supreme Court upholds man’s life sentence for murder
The Indiana Supreme Court upheld a man’s murder conviction and sentence of life without parole after it found comments the judge made to the jury did not deprive him of a fair trial.
7th Circuit: Developer’s appeal is frivolous
The 7th Circuit Court of Appeals ruled a man’s claim that the National Bank of Indianapolis covered up unauthorized transfers is frivolous and said the bank can pursue sanctions against the man because of it.
COA says town didn’t defame employee after audit
The Indiana Court of Appeals reversed a decision denying a town summary judgment after a former employee claimed defamatory damages when the town fired her after completing an audit.
COA affirms man not entitled to overtime pay
The Indiana Court of Appeals affirmed a man was not entitled to overtime pay because his contract specified as such during his employment.
COA: Man should have met with state public defender’s office
The Indiana Court of Appeals reversed the grant of the state’s motion for summary denial of man’s request for post-conviction relief because his case was not forwarded to the State Public Defender’s Office.
Court says children were endangered by public intoxication
The Indiana Court of Appeals affirmed a man’s conviction of public intoxication that endangers a person after he claimed he did not endanger anyone, despite being drunk and having a bow and arrow by his side.
COA: Wood boiler cannot be used while court case is pending
The Indiana Court of Appeals reversed the denial of a preliminary injunction sought by a couple, finding they could stop neighbors from using an outside wood boiler during their legal action.
COA agrees state did not interfere with defense
The Indiana Court of Appeals affirmed a man’s convictions for criminal confinement and domestic battery, among other charges, after it found the state did not interfere by not allowing one of the man’s witnesses to testify.
14th Amendment rights not violated by voice test
The 7th Circuit Court of Appeals found a man’s 14th Amendment rights were not violated when he was asked to take a voice stress test as part of an administrative investigation into possible wrongdoing as a police officer.