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Opinions Aug. 6, 2018

Indiana Court of Appeals 
Beverly K. Oswald v. Tarek Shehadeh and Falon Vela
29A02-1711-PL-2627
Civil plenary. Reverses the Hamilton Superior Court’s decision to dismiss a breach of contract suit that found Indiana lacked personal jurisdiction over the defendants over Tarek Shehadeh and Falon Vela. Finds both defendants had sufficient minimum contacts with Indiana for the court to exercise personal jurisdiction over them. Also finds their due process rights will not be violated by proceeding Indiana. Remands for further proceedings.  

Indiana included in $1.1 settlement with Anchor Glass

Indiana will receive $275,000 as its part of a $1.1 million civil penalty against Anchor Glass Container Corp. for emitting harmful pollutants in violation of the Clean Air Act. The U.S. Department of Justice and the U.S. Environmental Protection Agency announced a proposed settlement agreement Monday with Anchor Glass to improve compliance at its glass manufacturing facilities in six states, including a manufacturing plant in Lawrenceburg, Indiana.

Manafort’s ‘right-hand man’ Gates to testify in fraud trial

The most critical moment in the financial fraud trial of former Trump campaign chairman Paul Manafort will likely arrive this week with the testimony of his “right-hand man” — the person defense attorneys blame for any crimes. Rick Gates has been a key cooperator for special counsel Robert Mueller’s team after he cut a plea deal earlier this year.

Shifting strategy, Democrats to begin meeting with Kavanaugh

After weeks of refusing to meet with Supreme Court nominee Brett Kavanaugh, Democrats in the Senate plan to begin meeting with him when they start returning to Washington in mid-August, a senior Democratic aide said Friday.

Judge who heard Nassar case won’t disqualify herself

A Michigan judge who held an extraordinary hearing before sentencing sports doctor Larry Nassar to prison for sexually assaulting female athletes refused to disqualify herself from the case Friday if higher courts send it back to fix any errors. Ingham County Judge Rosemarie Aquilina said some of her courtroom comments about Nassar were “perhaps inartful,” but she denied any bias.

February trial set for Indiana man charged in 1988 slaying

A judge has set a Feb. 11 trial date for an Indiana man charged in the 1988 abduction, rape and killing of an 8-year-old girl. John D. Miller, of Grabill, is charged with murder and child molestation in the killing of April Tinsley.

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.