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Opinions Jan. 25, 2018

7th Circuit Court of Appeals
United States of America v. Ronald Tingle
17-1604
Appeal from the United States District Court for the Southern District of Indiana, New Albany Division. Judge Tanya Walton Pratt.
Criminal. Affirms Ronald Tingle’s convictions of possessing and distributing methamphetamine and possessing a firearm in furtherance of a drug trafficking crime. Finds a DEA agent had the requisite qualifications to testify as an expert. Also finds the agent’s testimony did not improperly opine on Tingle’s mental state. Finally, finds the district court did not err when it allowed the agent to testify, or when it denied Tingle’s motion to dismiss the charges and his motion for access to grand jury transcripts without a hearing.

Indiana delegation seeks federal designation for Kennedy-King Park

Indiana legislators on Capitol Hill have filed companion bills that would give national recognition to the site where Robert F. Kennedy consoled and calmed an Indianapolis crowd after the assassination of Civil Rights leader Martin Luther King, Jr.

Divided COA upholds custody change after mom’s stroke

A Marshall County child will now be in her father’s care after the Indiana Court of Appeals determined the impact of her mother’s stroke made a change in custody necessary for the best interests of the child.

Decision upheld in Oklahoma-Indiana custody dispute

An Oklahoma couple seeking custody of a child with ties to both the western state and Indiana have lost their Hoosier appeal, with the Indiana Court of Appeals determining an Indiana trial court properly exercised jurisdiction and awarded custody of the child to his mother.

Deported DACA immigrant loses appeal that divides panel

An immigrant who was deported after a misdemeanor guilty plea cost him his protection under the federal Deferred Action on Childhood Arrivals policy failed to show he was entitled to relief because his lawyer failed to inform him of his risk of deportation, the majority of an Indiana appellate panel found.

COA reverses felony neglect conviction

The Indiana Court of Appeals has reversed a man’s felony neglect conviction after finding there was insufficient evidence to prove the man knew he was placing a dependent in danger by leaving the scene of a car accident.

Public defender task force announces listening tour

A task force that is studying the provision of indigent criminal defense services in Indiana will soon travel the state to gather public input on how those services can be improved. The Task Force on Public Defense announced Wednesday it is launching a statewide listening tour to seek public comment on the inefficiencies in Indiana’s public defense services.

Public defender task force announces listening tour

A task force that is studying the provision of indigent criminal defense services in Indiana will soon travel the state to gather public input on how those services can be improved. The Task Force on Public Defense announced Wednesday it is launching a statewide listening tour to seek public comment on the inefficiencies in Indiana’s public defense services.

Committee delays over vote on Sweeney nomination

The vote to send to the full U.S. Senate James Sweeney II’s nomination to be a judge on the U.S. District Court for the Southern District was delayed Thursday by the Senate’s Committee on the Judiciary.

7th Circuit’s Williams joins Jones Day

Seventh Circuit Court of Appeals Senior Judge and Notre Dame Law School graduate Ann Claire Williams has joined Jones Day to lead the international law firm’s effort in advancing the rule of law in Africa.

Opinions Jan. 24, 2018

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Tuesday:
William Hurt, Deadra Hurt and Andrea Hurt v. Matthew Wise, et al.
17-1771, -1777
Appeals from the United States District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Jane Magnus-Stinson.
Affirms in part the denial of qualified immunity to the Evansville and Kentucky State police departments and individual officers. Reverses the denial of qualified immunity to officers William Arbaugh and Jason Pagett on Deadra Hurt’s malicious prosecution claim. Finds the district court properly denied qualified immunity. Also finds Arbaugh and Pagett were entitled to qualified immunity on the malicious prosecution claim. Also finds the district court should have eliminated the substantive due process theory.

7th Circuit: Suit against Evansville, Kentucky police may proceed

A federal complaint alleging coercion, constitutional violations and falsification at the hands of Evansville and Kentucky police officers investigating a murder will continue after the 7th Circuit Court of Appeals determined qualified immunity was not appropriate for certain claims against the officers.

Gymnastics doctor sentenced to 40 to 175 years in prison

The former sports doctor who admitted molesting some of the nation’s top gymnasts for years under the guise of medical treatment was sentenced Wednesday to 40 to 175 years in prison by a judge who proudly told him, “I just signed your death warrant.”

Fruits of poisonous tree reverse child molesting convictions

A Blackford County man who admitted to molesting two children living in his apartment will have his convictions reversed after the Indiana Court of Appeals determined his incriminating statements were inadmissible under the fruits of the poisonous tree doctrine.