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Indiana’s second-largest city has settled a federal lawsuit that challenged a portion of its ordinance regulating amplified noises. Court documents filed Tuesday show the city of Fort Wayne has agreed to an injunction permanently barring it from enforcing a provision that “prohibits amplified sound, including speech, that can be heard more than 50 feet from the source.”
7th Circuit Court of Appeals
USA v. Tyrone Miller
17-3514
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Robert L. Miller, Jr.
Criminal. Affirms Tyrone Miller’s conviction for possessing a firearm as a felon but remands for resentencing. Finds the district court judge miscalculated the number of Miller’s prior felonies, subsequently imposing an inaccurate sentence.
A lawsuit claiming the Marion County Sheriff’s Office and one of its deputies violated an inmate’s constitutional rights by leaving him unattended long enough for the inmate to kill himself will continue after a district court judge declined to fully grant summary judgment to the county.
A judge’s miscalculation of a man’s federal court sentence based on the number of his prior felony convictions prompted the 7th Circuit Court to remand for resentencing Thursday.
The husband of a late Indiana state senator is suspected of killing a Lake County lawyer who years earlier eulogized the lawmaker at her funeral, the Times of Northwest Indiana reported. The Times reported William “Bill” Landske, 83, was arrested on allegations that he fatally shot T. Edward Page at the attorney’s Hobart home.
Medical evidence did not support the testimony of a deceased man about the degree of limitations he experienced, the 7th Circuit affirmed when reviewing his denied disability benefits case. The court found arguments in the case lacked merit.
A “dangerous drug” conviction in Arizona is not considered a felony drug offense qualifying for particular federal mandatory minimum sentencing in Indiana under because of differences in definitions, the 7th Circuit Court of Appeals determined.
Jurors began their deliberations Thursday in the trial of former Trump campaign chairman Paul Manafort, who prosecutors say earned $60 million advising Russia-backed politicians in Ukraine, hid much of it from the IRS, then lied to banks to get loans when the money dried up.
Federal prosecutors say they’ve made arrests in connection to anti-Semitic graffiti that was spray-painted at a Carmel synagogue last month.
A district court’s decision affirming a Social Security administrative law judge’s ruling on the onset date of an engineer’s disability was vacated Wednesday by the 7th Circuit Court of Appeals, which found medical and other evidence strongly suggests an earlier disability date.
Authorities say a northwestern Indiana attorney was fatally shot at his home by a client. Lake County Prosecutor Bernard Carter said Hobart police have arrested a suspect in the shooting death Wednesday morning of 64-year-old T. Edward Page.
The following 7th Circuit Court opinions were posted after IL deadline on Tuesday.
USA v. Johnny Jones
17-2658
Appeal from the United States District Court for the Northern District Indiana, South Bend Division. Judge Jon E. DeGuilio.
Criminal. Affirms Johnny Jones’ 145-month sentence and conviction of possessing and conspiring to distribute methamphetamine, and possession of a firearm in furtherance of a drug trafficking crime. Finds the trial court properly calculated the drug quantity in Jones’ possession and applied the enhancement for possession of a weapon.
Case law does not clearly establish that a paramedic can violate a patient-arrestee’s Fourth Amendment rights by exercising medical judgment to administer a sedative in a medical emergency, the 7th Circuit Court of Appeals affirmed Wednesday.
The court ruled in the paramedic’s favor on all counts brought by the estate of a man sedated during a naked public rampage.
An Indiana woman whose husband and three children died when a duck boat sank last month in Missouri said Tuesday she hopes to save lives by backing an effort to ban the amphibious tourist boats.
Louisiana State Police and a black Indiana man who was handcuffed and detained in New Orleans' French Quarter when he was a teenager in 2015 have settled a federal lawsuit. Terms of the settlement with the son of a Ball State University professor were not immediately disclosed.
Embattled Indianapolis City-County Councilor Jeff Miller resigned from the council on Wednesday and pleaded guilty to four counts of battery. The developments cap a months-long saga in which Miller defied bipartisan calls to resign.
The Indiana Court of Appeals, which issued a stern warning to defendants about misrepresenting their case, acknowledged an amended exhibit had been given to the trial court. While reaffirming its earlier decision, the panel noted that a harshly worded footnote criticizing defense counsel in the personal injury case "is to be disregarded."
Proposed federal court rule changes released for public comment Wednesday would impose new duties on prosecutors who seek to introduce evidence of a criminal defendant’s prior crimes and on lawyers involved in depositions, among other changes.
Determining drug quantities at sentencing is not an exact science and requires only proof by a preponderance of the evidence, the 7th Circuit Court of Appeals affirmed Wednesday.
Paul Manafort lied to keep himself flush with cash and to maintain his luxurious lifestyle when his income dropped off, prosecutors told jurors Wednesday in closing arguments in the former Trump campaign chairman’s financial fraud trial.