A man who appealed the parts of his Section 2255 proceeding that were denied, as well as his new criminal judgment entered on rehearing, will be getting a new sentencing hearing, the 7th Circuit Court of Appeals determined Monday.
7th Circuit Court of Appeals
Frederick T. Garner v. United States of America
13-3506, 15-3661
U.S. District Court, Southern District of Indiana, Indianapolis Division. Judge Larry J. McKinney.
Civil/Criminal. Vacates new criminal sentence and remands to the district court for resentencing. Because of the misunderstanding that arose after Garner tried to appeal from the district court’s comments indicating the court saw no merit in his ineffective-counsel argument, Garner did not receive the full resentencing to which he was entitled.
A man convicted of drunken-driving failed to convince the Indiana Court of Appeals that the state did not prove that the chemicals used in his breath test equipment were certified under Indiana administrative rules.
An Indiana Court of Appeals judge dissented from his colleagues Monday in a case in which the majority reversed the court-ordered $3,600 in restitution for a coin sale that turned out to be fraudulent. The dissenting judge also raised public policy concerns about requiring victims to appear at sentencing hearings.
Attorney James Brotherson, who built a career counseling many of the largest manufacturers and suppliers in the recreational vehicle industry in northern Indiana, died Dec. 18. He was 63.
The Indiana Tax Court ruled Friday that the Indiana Department of State Revenue’s adjustments to Columbia Sportwear’s net income for tax years 2005-2007 were not proper and granted summary judgment in favor of the clothing company.
Wearing pants low enough to expose underwear could soon be against the law in Gary, Indiana.
Indiana lawmakers have yet to gather for the 2016 legislative session, but already the multibillion-dollar pharmaceutical industry has clashed with influential law enforcement organizations over a proposed law that would require a prescription to buy a common cold medicine also used to make methamphetamine.
A former fire department paramedic has settled a civil rights claim for $725,000 after being fired because of two health episodes related to diabetes, her attorneys announced Saturday.
The Indiana Supreme Court has scheduled arguments next month that could determine whether an Indianapolis off-track betting parlor may continue to allow smoking that’s otherwise banned in Marion County bars, restaurants and public places.
Apple Inc. Chief Executive Officer Tim Cook repeated his strong support for unbreakable encryption technology, despite criticism from global law enforcement agencies that believe the digital tools impede criminal and terrorism investigations.
The 7th Circuit Court of Appeals Friday found an injunction issued in a case involving religious artifacts and defamation claims was entirely too broad and threatened to silence the defendants completely. But the judges were split over whether the district court should be able to modify the injunction.
7th Circuit Court of Appeals
Kevin B. McCarthy, et al. and Langsenkamp Family Apostolate, et al. v. Patricia Ann Fuller, et al.
14-3308, 15-1839
U.S. District Court, Southern District of Indiana, Indianapolis Division. Judge William T. Lawrence.
Civil. Affirms judgment in favor of plaintiffs on their claims against Fuller and Paul Hartman, including defamation. Reverses injunction put in place against Fuller and Hartman enjoining them from keeping up a blog or making certain statements regarding the plaintiffs. The injunction in this case is so broad it threatens to silence Fuller and Hartman completely. Remands for the district court to decide whether to issue a new injunction, one consistent with the criticisms outlined by the appellate court. Judge Sykes concurs with separate opinion.
The U.S. Bankruptcy Court for the Southern District of Indiana is seeking comment on its proposed expansion of a mortgage loss mitigation mediation program currently used in the New Albany division.
Beginning Jan. 1, the attorney admission to practice fee and the pro hac vice motion fee will increase in the U.S. District Court for the Southern District of Indiana.
A lawsuit filed on behalf of the national nonprofit Freedom From Religion Foundation and the Satanic Temple challenging a nativity scene on the Franklin County courthouse has been settled. This is the second lawsuit filed in less than a year over the religious display.
Former Subway pitchman Jared Fogle has been moved to a low-security federal prison in Colorado where his attorneys had sought to have him serve out his more than 15-year sentence.
A handcuffed Evan Greebel walked out of the FBI’s New York headquarters a few steps ahead of ex-Retrophin Inc. CEO Martin Shkreli, but prosecutors say the men were side- by-side when it came to a multimillion dollar fraud at the company’s expense.
Uber Technologies Inc. was barred from imposing a new contract on drivers who are suing the company to be treated like employees after a federal judge said the reworded agreement is confusing.
President Barack Obama is trying to put Republicans on defense in the U.S. debate over gun rights with a call to ban people on the government’s no-fly list from buying firearms. The trouble is his proposal may be unconstitutional.