Victims’ father tries to attack Larry Nassar in courtroom
A father of three victims of Larry Nassar tried to attack the disgraced former sports doctor Friday during a court hearing in Michigan.
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Opinions Feb. 1, 2018
The following 7th Circuit Court of Appeals opinion was posted after IL deadline Wednesday:
Gerardo Correa-Diaz v. Jefferson B. Sessions, III
16-3198
Petition for Review of a Final Administrative Removal Order of the Department of Homeland Security.
Denies Gerardo Correa-Diaz’s petition for review of the Department of Homeland Security’s final administrative removal order against him after he was convicted of of attempted sexual misconduct with a minor. Finds the Board of Immigration Appeals’ definition of sexual abuse of a minor requires deference under Chevron U.S.A. Inc. v. Nat. Res. Dec. Council, Inc. Also finds Correa-Diaz’s conviction under Indiana Code section 35-42-4-9(a) meets the board’s definition.
Attorneys general urge offshore drilling plan’s cancellation
The top lawyers for a dozen coastal states want the U.S. Interior Department to cancel the Trump administration’s plan to expand offshore oil and gas drilling, warning it threatens their maritime economies and natural resources.
Pharmacist in meningitis outbreak gets 8 years in prison
A Massachusetts pharmacist convicted for his role in a deadly 2012 meningitis outbreak fought through sobs as he apologized to victims and their families Wednesday, including those in Indiana, before being sentenced to eight years in prison.
Ex-Merrillville councilman pleads guilty to bribery
A former northwest Indiana town councilman has pleaded guilty to bribery for his role in an influence-buying scheme for towing contracts. The (Northwest Indiana) Times reported Thomas Goralczyk, 51, entered the plea Wednesday in federal court.
Indiana distributing overdose antidote kits to 34 counties
The Indiana State Department of Health says 95 first responder agencies in 34 rural counties will receive opioid overdose antidote kits. The agency announced Wednesday it’s awarding $127,000 in funding to provide nearly 3,400 naloxone kits and training to the first responders.
DCS consultant: Twice as many Hoosier kids out of home
A consultant hired by the state said Thursday Indiana has more than double the number of children in out-of-home care compared to the national average. The finding was among the highlights of an initial report commissioned by Gov. Eric Holcomb after the resignation of former Department of Child Services director Mary Beth Bonaventura.
COA reverses judgment for Penske dealer, rules for buyer
A Maryland man who sued an Indianapolis auto dealer for fraud successfully overturned the grant of summary judgment in favor of the dealer, with the Indiana Court of Appeals instead ordering summary judgment for the man on Thursday.
7th Circuit denies review of sex offender’s deportation
A Mexico native deported from Indiana in early 2017 must remain in his home country after the 7th Circuit Court of Appeals on Wednesday denied his petition for review of his removal.
Messaglia named managing partner at Krieg DeVault
Michael Messaglia has been tapped to be the managing partner of Krieg DeVault LLP, where he began his legal career as an associate in 1993. He succeeds Deborah Daniels, who will remain with the firm as a partner. Daniels had served as managing partner since 2015.
Opinions Jan. 31, 2018
Indiana Court of Appeals
J.G. v. State of Indiana
49A02-1706-JV-1419
Juvenile. Affirms J.G.’s adjudication as a delinquent for dangerous possession of a firearm, a Class A misdemeanor if committed by an adult. Remands with instructions to vacate the true finding against J.G. of carrying a handgun without a license, a Class A misdemeanor if committed by an adult. Finds J.G.’s detention by police was constitutional and his confession to possessing the handgun was voluntary. Also finds the Marion Superior Court presumably disregarded inadmissible portions of an audio recording. Finally, finds the true finding for carrying a handgun without a license must be vacated on double jeopardy grounds.
Appellate court partially reverses delinquent gun adjudications
A teenager adjudicated as a delinquent on two handgun-related charges will have one of those adjudications reversed after the Indiana Court of Appeals determined the true findings violated double jeopardy principles.
Ex-trooper Camm’s $30 million lawsuit dismissed
A $30 million lawsuit brought by former Indiana State Police trooper David Camm was dismissed Monday by the U.S. District Court for the Southern District of Indiana in New Albany. Camm was twice convicted, but ultimately found not guilty of the murder of his wife and children in a third trial.
Citing intentional delay, COA tosses med-mal complaint
The Indiana Court of Appeals has affirmed the dismissal of a medical malpractice complaint after determining the plaintiff engaged in intentional conduct over six years that delayed the panel’s proceedings.
First impression: No hearing required on specialized driving privileges
Indiana law does not require trial courts to conduct a hearing on petitions for specialized driving privileges where claims lack merit, an Indiana Court of Appeals panel unanimously ruled Wednesday in deciding a matter of first impression.
Divided COA reverses, remands paternity dispute
A Pike County paternity case involving a child’s legal and biological fathers will continue in trial court after the Indiana Court of Appeals determined the legal father was not entitled to judgment as a matter of law on the biological father’s paternity action.
Judge: Nassar’s abuse victims number 265
Larry Nassar appeared Wednesday in a Michigan courtroom for the start of his third and final sentencing hearing, and a judge said that 265 people have come forward to say they were abused by the disgraced former gymnastics doctor.
Brother of deadly house blast plotter says “good riddance”
The brother of the man authorities considered the mastermind behind a deadly 2012 Indianapolis house explosion said he has no sympathy over his death. Mark Leonard, who was serving a prison sentence of life without parole, died Tuesday.
Senate panel advances bill allowing more guns in church
An Indiana Senate panel has advanced a bill that would allow churches to let people to carry guns in more circumstances. The measure by Republican Sen. Jack Sandlin of Indianapolis was approved 5-2 Wednesday by the Senate Judiciary Committee.
Centier Bank denied rehearing, cautioned in fraud appeal
A bank that lost its appeal of a trial court judgment against it failed to advance its cause with a petition for the Indiana Court of Appeals to rehear its case. The court cited an intervening Indiana Supreme Court decision in opting to dismiss the bank’s appeal while also cautioning counsel for the tone of the bank’s arguments.