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Opinions June 22, 2020

The following 7th Circuit Court opinion was posted after IL Deadline on Friday.
USA v. Jerry J. Jones
19-1644
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Richard Young.
Criminal. Vacates Jerry Jones’ revised 840-month sentence for conviction of two carjackings, an armed bank robbery, and using firearms during those crimes of violence. Finds that the U.S. District Court for the Southern District of Indiana did not sufficiently justify the extent of its deviation from Jones’ effective guidelines range of 348–390 months. Remands for resentencing.

Under Trump, ‘You’re fired!’ even greets federal prosecutors

| Associated Press

Former Manhattan U.S. Attorney Preet Bharara had a snickering response to news that his successor as top federal prosecutor was “stepping down” from the job. “Doesn’t sound like ‘stepping down,’” Bharara tweeted soon after the announcement was made Friday night that Geoffrey S. Berman was out.

Opinions June 19, 2020

Indiana Court of Appeals
Reanna Lopez-Smith v. State of Indiana (mem. dec.)
19A-CR-3018
Criminal. Affirms Reanna Lopez-Smith’s convictions in Marion Superior Court of Class A misdemeanor resisting law enforcement and Class B misdemeanor disorderly conduct. The state presented sufficient evidence to negate her affirmative defense of protected political speech.

Judge reduces jury damages award for doctor in defamation case

| Dave Stafford

A doctor will have to settle for just $3.5 million in damages rather than the $4.75 million a Marion Superior jury awarded after a judge on Friday reduced the jury’s award in a defamation case brought against a Carmel hospital after the doctor was falsely accused of drinking on the job.

7th Circuit removes East Chicago lead pollution case to federal court

| Dave Stafford

Companies sued by residents who claim their former housing complex in East Chicago was polluted by toxins including lead and arsenic prevailed in their bid to have the case heard in federal rather than state court. In doing so, the 7th Circuit Court of Appeals also eased the standard for when a defendant may assert a defense of acting under federal authority.

AG candidates make final pleas to GOP delegates

| Olivia Covington

The crowded field of lawyers seeking the Indiana GOP nomination for attorney general will soon be narrowed to one as the four candidates make their final pleas for support from the state’s Republican delegates. The field includes embattled AG Curtis Hill, Decatur County Prosecutor Nate Hater, former Rep. Todd Rokita and Bose McKinney & Evans attorney John Westercamp.

Opinions June 18, 2020

Indiana Court of Appeals
Clark-Floyd Landfill, LLC v. Ricky Gonzalez, Yvonne Gonzalez, Robert Scoles, and Tamara Scoles, on Behalf of Themselves and All Others Similarly Situated
19A-CT-2680
Civil tort. Affirms the Clark Circuit Court’s certification of Ricky Gonzalez, Yvonne Gonzales, Robert Scoles, and Tamara Scoles’ complaint against Clark Floyd Landfill, LLC as a class action. Finds, among other things, that the trial court did not apply an incorrect legal standard in determining whether to certify the class action. Also finds the trial court’s adoption of the Homeowners’ class definition is supported by substantial evidence.