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The 7th Circuit Court of Appeals has upheld the denial of an Indiana’s man motion alleging fraud on the court and affirmed sanctions against his attorney, finding the district court did not err when making either ruling.
7th Circuit Court of Appeals
The following opinion was posted after IL deadline Tuesday:
Bennie Kennedy v. Schneider Electric
17-1645 & 17-1786
Appeals from the United States District Court for the Northern District of Indiana, Hammond Division. Magistrate Judge Paul R. Cherry.
Civil. Affirms the United States District Court’s denial of Bennie Kennedy’s motion to set aside summary judgment for fraud on the court. Affirms the court’s decision to impose sanctions on Kennedy’s lawyer under Rule 11 for accusing the defendant’s lawyers of suborning perjury.
The Indiana Supreme Court has overturned a ruling for a convicted murderer to get a new trial and instead reinstated the murder and drug convictions after determining the defendant invited the structural error that compromised his right to an impartial jury.
A Carmel attorney who contracted with a Texas law firm but did not engage with the clients he represented as part of the contractual relationship has been suspended from the practice of law in Indiana for 30 days.
The Indiana Court of Appeals ruled in favor of the State of Indiana to reverse a trial court decision dismissing charges against a Warrick County man.
A boy alleged to have written bomb threats on a bathroom wall at Decatur Middle School was deprived of his Miranda rights under police interrogation and his statements should have been suppressed, the Indiana Supreme Court ruled Wednesday.
A 17-year-old boy adjudicated delinquent for spray painting sexual graffiti on bathroom walls at Brownsburg High School was not required to be read his Miranda rights because he was only interviewed by a school official, not by police, the Indiana Supreme Court ruled.
A utility rate increase to fund nearly $20 million of improvements for a northern Indiana power utility was struck down by the Indiana Supreme Court on Wednesday in a ruling the court said “will likely have enormous financial consequences for utilities and their customers.”
A man who argued his Fourth Amendment rights were violated when he was arrested after a traffic stop prevailed Wednesday before the Indiana Court of Appeals, which reversed a trial court’s denial of his motion to suppress evidence from the stop.
The Indiana Supreme Court reversed a trial court ruling in favor of a Goshen man’s estate seeking recovery of damages under the uninsured motorist policy held by his employer. The Indiana Court of Appeals also had ruled in favor of the estate of a man hit and killed by a passing driver while mowing his lawn.
A portion of Indiana code dealing with disagreements arising from the process of probating a will and administering an estate cannot be read to allow for the enforcement of pre-mortem family settlement agreements, a majority of the Indiana Surpeme Court has ruled.
IBJ Media — publisher of the Indiana Lawyer, the Indianapolis Business Journal and Court and Commercial Record — is moving to Monument Circle. The move is scheduled to take place in March 2019.
Indiana Court of Appeals
Michael Riggle v. State of Indiana (mem. dec.)
49A05-1710-CR-2425
Criminal. Affirms Michael Riggle’s convictions of five counts of child molesting, one count of sexual misconduct with a minor, two counts of child seduction and one count of activity related to obscene performance as Class A, Class B, Class C, Level 1 and Level 5 felonies. Finds Riggle made a knowing, voluntary, intelligent waiver of his right to counsel.
An Indiana-based barge company lost its bid Monday to have the Supreme Court of the United States hear a case of first impression over whether the company was liable under the Oil Pollution Act of 1990 for an oil spill caused by the tug boat operator.
A federal jury Friday awarded $15 million in damages on behalf of a woman who claimed a Carmel imaging center failed to identify a tumor that went untreated and undetected for nearly 18 months, severely reducing her chances of surviving cancer.
An Indiana State Police trooper who tweeted a photo of a vehicle he stopped for driving too slowly in the left lane says he’s overwhelmed by the widespread praise he’s receiving online.
The Trump administration is asking the U.S. Supreme Court to allow it to largely implement a policy of withholding public safety grants from “sanctuary cities” that refuse to cooperate with President Donald Trump’s immigration enforcement policies.
The Trump administration Tuesday rolled out a health insurance option for small businesses and self-employed people that could lead to lower premiums but may also cover fewer benefits than current plans.
A letter signed by at least 120 sexual abuse victims of former sports doctor Larry Nassar on Tuesday urged Michigan State University’s governing board to oust interim president John Engler, saying he has reinforced a “culture of abuse” at the school.
A lawsuit challenging Indiana’s civil forfeiture procedures will be heard by the United States Supreme Court after the justices granted a writ of certiorari to a case that a national legal organization says will have significant implications on Eighth Amendment protections nationwide.