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Opinions June 20, 2018

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.

Justices reinstate murder, drug convictions after invited error

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.

Justices: No Miranda violation in school delinquency case

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.

Supreme Court reverses judgment for man’s estate on uninsured driver claim

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.

Opinions June 19, 2018

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.

Supreme Court rejects Indiana barge company’s oil spill appeal

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.

Jury awards $15M after Indiana cancer patient’s misread CT scan

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.

Nassar victims urge Michigan State board to fire Engler

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.

SCOTUS agrees to hear Indiana civil forfeiture challenge

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.

Holcomb: DCS changes, extra $25M mark new day for troubled agency

Pledging this is the start of a new day for the Indiana Department of Child Services, Gov. Eric Holcomb on Monday outlined changes his administration is implementing to improve the troubled state agency and announced that he is dipping into the state surplus to provide another $25 million to boost salaries and transform the workplace culture.