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Opinions Aug. 3, 2018

7th Circuit Court of Appeals 
Susan Spicher v. Nancy Berryhill 
17‐3399
Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Judge William C. Lee
Civil. Reverse and remands the denial of social security disability insurance benefits and supplemental security income to Susan Spicher. Finds the administrative law judge did not provide reasoning for her rejection of medical observations that undercut her conclusion. Remands for the ALJ to address Dr. Crystal Strong’s recommendation that Spicher regularly ambulate and evidence that Spicher could not perform certain postural activities and account for the effects of Spicher’s humerus fracture and carpal tunnel syndrome. 

COA: 4th Amendment rights not violated by search of home

The Indiana Court of Appeals determined that a man’s Fourth Amendment rights were not violated during a search of his residence because law enforcement had ample reason to believe he was at the residence.

Memorial honoring Lozano scheduled for next month

The Indiana Northern District Court will honor the late Senior Judge Rudy Lozano at a memorial service in his honor next month. The service will begin at 2 p.m. Sept. 24 in Lozano's courtroom in the Hammond Federal Courthouse, 5400 Federal Plaza.

Judge in Manafort trial brings short fuse and sharp wit

Lawyers who have appeared before Thomas Selby Ellis III, the judge hearing the Paul Manafort trial, said he likes to be seen as the smartest person in the courtroom, not a huge leap for a judge. With his Princeton-Harvard-Oxford education and experience spanning consequential cases in an era of war and terrorism Ellis is known to cut lawyers down to size, sometimes subtly, sometimes not so much.

Archives: Kavanaugh documents not ready until end of October

The National Archives and Records Administration said Thursday it won’t be able to finish reviewing nearly 1 million documents regarding Supreme Court nominee Brett Kavanaugh’s time in the George W. Bush White House until the end of October, a potential roadblock in GOP hopes for confirmation before the November election.

Man gets 60 years in USI student’s slaying

A man has been sentenced to 60 years in prison for the fatal shooting of his ex-girlfriend in southwestern Indiana. Isaiah Hagan was sentenced Thursday for murder, robbery and obstruction of justice convictions in connection with the April 2017 slaying of Halee Rathgeber.

Judge to hear Nassar’s request that she disqualify herself

A judge who sentenced disgraced former sports doctor Larry Nassar to prison for molesting girls will hold a hearing on a request that she disqualify herself from his appeal of the sentence. Nassar’s court-appointed appellate lawyers said the judge was biased, citing comments such as saying she would allow someone “to do to him what he did to others” if the constitution allowed.

Food services company sues closed Indiana college

A private college in Rensselaer that closed last year is being sued by a food service company that alleges administrators concealed the school’s dire financial situation. The company said it wouldn’t have paid for renovations at St. Joseph College had it known of the school’s fiscal problems.

Report: Employment rate rises with J.D. class of 2017

Overall employment for class of 2017 law school graduates only increased by 1 percentage point, even though the number of jobs found by graduates fell again by more than 1,200 compared with 2016 numbers, according to a report released Thursday.

Marion County Jail beating lawsuit proceeds

A judge has refused to dismiss a federal lawsuit in which a man claims guards at the Marion County Jail stomped and beat him, leaving him with broken ribs, then refused to allow him to file a grievance.

Mueller offers Trump team new proposal for interview

In negotiations over a possible interview by prosecutors, special counsel Robert Mueller’s team has offered the White House format changes, perhaps willing to limit some questions asked of President Donald Trump or accept some answers in writing, according to a person briefed on the proposal.

Deputy prosecutor named new LaGrange Circuit judge

LaGrange County deputy prosecutor William R. Walz IV has been appointed to the LaGrange Circuit Court. Gov. Eric Holcomb selected Walz to succeed Judge J. Scott VanDerbeck, who retired June 1. VanDerbeck plans to serve as a senior judge and work as a mediator.

Follow the money: Bookkeepers to testify in Manafort trial

Prosecutors will ask jurors today to follow the money in the Paul Manafort trial, a trail they say shows the former campaign chairman took millions from wealthy Ukrainian clients, then hid it from banks and the IRS.

Democrats ramp up fight for Kavanaugh documents

Senate Democrats intensified their fight Tuesday over documents related to Supreme Court nominee Brett Kavanaugh’s stint as staff secretary at the White House, pursuing a paper trail on his views of key issues that played out during the George W. Bush administration.

Indiana man convicted in double slaying wants 100-year sentence cut

A northeastern Indiana man convicted as a teenager in his mother and stepfather’s 1994 slayings is seeking to have his 100-year sentence shortened. Aaron Brown’s request for post-conviction relief contends court rulings have found that imposing a “de facto life sentence” on a juvenile is improper when their juvenile status isn’t considered.

COA: Filing errors don’t reverse probation revocation

Errors made in petition filing made by a deputy prosecutor rather than the director of a community corrections program were not sufficient to reverse the revocation of a man’s probation, the Indiana Court of Appeals determined Wednesday.

Opinions Aug. 1, 2018

The following 7th Circuit Court opinion was posted after IL deadline on Tuesday.
Mark McCleskey v. CWG Plastering, LLC
17‐1980
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Larry J. McKinney.

Civil. Reverses and remands the Indiana Southern District Court’s decision to grant summary judgment to CWG Plastering, LLC. Finds the appellants provided enough evidence to support their case, concluding the district court was too quick to grant summary judgment in favor of CWG Plastering, LLC. Judges Frank Easterbrook and David Hamilton concur with separate opinions.