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Opinions Sept. 12, 2018

The following 7th Circuit Court of Appeals opinion was posted after Indiana Lawyer deadline Tuesday.

United States of America v. D.D.B.
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Jane Magnus-Stinson.
Criminal. Vacates the waiver of D.D.B. from juvenile to adult court on a robbery charge. Holds that attempted robbery does not satisfy the juvenile waiver requirement of a prior adjudication for a violent crime, because the Indiana attempted robbery statute does not include an intent element. Remands for proceedings.

Opinions Sept. 11, 2018

The following 7th Circuit Court of Appeals opinion was posted after Indiana Lawyer deadline Monday.
Berry Plastics Corporation v. Illinois National Insurance Company
17-1815
Appeal from the United States District Court for the Southern District of Indiana, Evansville Division. Judge Richard L. Young.
Civil. Affirms the entry of summary judgment for Illinois National on Berry Plastics’ suit seeking indemnity from a $7.2 million jury damages award to a customer to whom Berry supplied defective laminate material used in the manufacture of products that later failed. Finds Berry failed to show that some portion of the lost profits theoretically might be attributable to property damage.

Bolton: International Criminal Court ‘already dead to us’

America’s long-running reluctant relationship with the International Criminal Court came to a crashing halt as decades of U.S. suspicions about the tribunal and its global jurisdiction spilled into open hostility, amid threats of sanctions if it investigates U.S. troops in Afghanistan.

DCS case featuring sex with case manager reversed

Indiana trial courts and the Department of Child Services have once again been chastised for denying due process rights in a termination of parental rights case in which a DCS case manager had a sexual relationship with a case client.

Mental health, diversity may become required CLE

Lawyers soon could be required to earn continuing legal education credits in the areas of diversity and inclusion and mental health and wellness under a proposal the Indiana State Bar Association House of Delegates will consider next month.

Infant laid to rest 2 years after death in college dorm tub

An infant who died after his mother delivered him in a Manchester University bathtub in 2016 has been laid to rest in northern Indiana less than two months after his Elkhart mother plead guilty in relation to his death.

Peru courthouse elevator repaired after 3 months

A broken elevator at the Miami County Courthouse in Peru has been repaired after being broken for more than three months, creating problems for people who couldn’t walk up three flights of stairs to pay taxes or attend court hearings.

Kavanaugh confirmation fight rallies Democrats to resistance

Democrats don’t have the votes to block Supreme Court nominee Brett Kavanaugh, but that didn’t stop them from putting up a rowdy, leave-nothing-on-the-table fight during four days of Senate confirmation hearings that marked a new stage in the party’s resistance to President Donald Trump.

Opinions Sept. 10, 2018

Indiana Court of Appeals
Jeremy Schmitt v. State of Indiana
83A04-1711-CR-2720
Criminal. Reverses the Vermillion Circuit Court’s denial of Jeremy Schmitt’s petition to modify his 50-year sentence for Class A felony conspiracy to commit murder. Finds prosecutorial consent was not required for Schmitt’s petition filed after 2015. Also finds that petitions filed for modification do not count toward the two petitions a petitioner can file without prosecutorial consent under the 2015 amendment made to Indiana Code section 35-38-1-17. Remands for the trial court to review Schmitt’s petition based on its merits, not for abuse of discretion.

COA remands to reconsider resentencing bid

The Indiana Court of Appeals found that prosecutorial consent was not required for an offender’s third sentence modification petition after an amended state statute removed that requirement in 2015.

Supreme Court: E-filing now covers 90 percent of state

Electronic filing now covers 90 percent of Indiana trial courts and nearly 80 percent of the state’s caseload is now handled through the Odyssey case management system, the Indiana Supreme Court highlighted Monday with the release of its annual report. The annual report includes a broad statistical overview of the work of the court during the 2017-2018 fiscal year.

COA overturns injunction against Charlestown code enforcement scheme

A special judge’s ruling that preliminarily enjoined the city of Charlestown from inconsistently imposing code violation fees while simultaneously finding the city was not subject to the state’s Unsafe Building Law has been overturned. The Indiana Court of Appeals ruled Monday that the trial court erred in finding the UBL does not apply to the city, thus requiring remand for re-examination of how local and state regulations should work together.

Senate concludes Kavanaugh hearing; confirmation likely

After two marathon days questioning Supreme Court nominee Brett Kavanaugh, senators concluded his confirmation hearing Friday by listening to others talk about him — friends stressing his fairness and warmth but opponents warning he’d roll back abortion rights and shield President Donald Trump. Senators on the Judiciary Committee are likely to vote on Kavanaugh’s confirmation on Sept. 20 with a vote by the full Senate the following week.

US backtracks on Russian spy suspect offering sex for access

Federal prosecutors are backtracking on their allegation that a Russian woman accused of working as a secret agent offered to trade sex for access, according to a Justice Department court filing. Prosecutors had earlier accused Maria Butina of offering to exchange sex for a position with a special interest organization.