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Opinions June 4, 2018

June 4, 2018

7th Circuit Court of Appeals
Cheryl Dalton v.  Teva North America, et al.

17-1990
Appeal from the United States District Court for the Southern District of Indiana, Evansville Division. Richard L. Young, Judge.
Civil. Affirms summary judgment against Cheryl Dalton and in favor of Teva North America in a products liability case. Finds the district court properly applied Indiana law when it found that Dalton did not provide expert evidence on the issue of causation.

Indiana Court of Appeals
Marvin J. Bufkin v. State of Indiana (mem. dec.)

20A03-1712-CR-2827
Criminal. Affirms Marvin Bufkin’s conviction of Level 3 felony rape and his 14-year partially-suspended sentence. Finds that a reasonable jury could find beyond a reasonable doubt that Bufkin knowingly penetrated J.M.’s vagina with his penis, finger, or some other object while she was unaware of such sexual conduct.  Also finds that he has not established on appeal that this evidentiary error rose to the level of fundamental error. Finally, finds that the 14-year, partially-suspended sentence imposed by the trial court is not inappropriate.
 

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