A homeowners association made up of condominium owners in a South Bend condo complex can move forward with its claims of faulty construction work against two of the four defendants named in its original lawsuit after a reversal by the Indiana Supreme Court.
A “violent felon” will not have his enhanced sentence vacated after the 7th Circuit Court of Appeals determined he still met the provisions of the Armed Career Criminal Act despite a 2015 Supreme Court order that found part of the statute unconstitutionally vague.
An inmate who was not given the necessary paperwork to file a grievance will get to litigate his Eighth Amendment complaint in federal court after the 7th Circuit Court of Appeals issued the reminder that administrative remedies provided to prisoners must be “available in fact and not merely in form.”
A split appellate panel has affirmed the denial of a woman’s petition for permission to file a belated notice of appeal of her 30-year sentence, finding she was not an “eligible defendant” because she waived her right to appeal in a plea agreement. But a dissenting judge argued the opposite.
The Supreme Court on Thursday buttressed a criminal defendant’s right to cross-examine prosecution witnesses, ruling in favor of a New York man who was convicted of killing a 2-year-old boy on Easter Sunday in 2006.
Plaintiffs who changed counsel and amended their complaint in their lawsuit against a Lake County sheriff’s deputy will not get to include new defendants because the Court of Appeals of Indiana found they failed to show that the omission of the Lake County Sheriff’s Department and Lake County in the original complaint was a mistake.
A nonprofit that secured judgment against the Indiana secretary of state after documents related to election security were withheld has also been awarded appellate attorney fees.
A woman who fired gunshots inside a residence while family members were inside will have one of her convictions of criminal recklessness thrown out after the Court of Appeals of Indiana partially reversed on double jeopardy grounds.
Read Indiana appellate court decisions from the latest reporting period.
The Indiana Supreme Court has denied transfer to a child custody case reversed by the Court of Appeals of Indiana, but one justice dissented with multiple concerns, including the “increasing number of appellate opinions that explicitly circumvent Appellate Rule 65(E).”
The Supreme Court has stopped the Biden administration from enforcing a requirement that employees at large businesses be vaccinated against COVID-19 or undergo weekly testing and wear a mask on the job. At the same time, the court is allowing the administration to proceed with a vaccine mandate for most health care workers in the U.S.
Indiana Supreme Court
I.J. v. State of Indiana
22S-JV-14
Juvenile. Grants petition to transfer, vacates the Court of Appeals of Indiana’s decision and dismisses as moot a discretionary interlocutory appeal from juvenile I.J. challenging her placement at the Youth Opportunity Center. Justices of the Indiana Supreme Court conclude they are not convinced the COA opinion correctly advises courts regarding competency related treatment before Indiana Code § 31-37-26 takes effect on Dec. 31.
An Indianapolis man who at 17 robbed a pharmacy then shot and killed one of his accomplices will have to serve his 19-year sentence after the 7th Circuit Court of Appeals found the district court was allowed to consider the acquitted charge of murder when calculating the sentence.
The Indiana Supreme Court has dismissed as moot a juvenile’s appeal challenging her placement at a residential treatment facility, doing away with an appellate decision it says may not correctly advise courts regarding competency-related treatment.
The 7th Circuit Court of Appeals has refused to revive a lawsuit filed by two churches requesting an injunction forbidding Illinois’ governor from reinstating capacity limits on religious services in the future like he did at the beginning of the COVID-19 pandemic.
Court of Appeals of Indiana
Shaun A. Smith v. State of Indiana
21A-CR-956
Criminal. Affirms Shaun A. Smith’s conviction of Level 5 felony dealing in methamphetamine. Finds the Cass Superior Court did not abuse its discretion by admitting into evidence a redacted report compiling text messages that were extracted from Smith’s cellphone. Also finds that any error would have been harmless.
Court of Appeals of Indiana
G.S., Jr. v. H.L.
21A-JP-1382
Juvenile paternity. Affirms the Hendricks Superior Court’s order granting A.L. (stepfather) sole legal and primary physical custody of J.S. (child), who was born to H.L. (mother) and G.S. Jr. (father). Finds father has not persuaded the COA that the trial court abused its discretion by awarding custody to stepfather.
A stepfather may keep legal and physical custody of his ex-wife’s child despite objections from the biological father, the Court of Appeals of Indiana has ruled.
A Vanderburgh County man will get a second day in court after the Court of Appeals of Indiana reversed his criminal conviction, finding in part that his inability to get his case file while in jail violated his right to due process.
The denial of a man’s motion to suppress evidence of a gun that resulted in his firearm conviction will stand, the 7th Circuit Court of Appeals ruled Thursday.