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Opinions March 16, 2020

The following 7th Circuit Court of Appeals opinion was posted after IL deadline on Friday.
USA v. Sheila Geary
19-2299
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Judge Joseph S. Van Bokkelen.
Criminal. Affirms Sheila Geary’s 57-month prison sentence and five years of supervised release for a child pornography conviction, as well as an order that she pay $55,600 in restitution jointly and severally with her husband, David Geary. Finds no clear error in the district court’s factual findings that Sheila was a but-for cause of a child’s abuse. Also finds the inclusion of the restitution amount in Sheila’s PSR was sufficient notice to her that David’s restitution amount would be used in her sentencing. Thus, finds no error in relying on the calculation from David’s sentencing to determine the amount of restitution that Sheila would owe.

Justices to hear arguments in stoplight outage crash suit against IPL

| Katie Stancombe

Oral arguments in a negligence case brought by a family severely injured in a crash in a traffic intersection after a 2016 storm will be heard by Indiana Supreme Court justices this week. Per an order issued Monday, attendance at the argument will be limited to parties and counsel, but the argument may be viewed online.

Tougher Indiana law on under-18 marriages clears Statehouse

| Associated Press

Anyone younger than 18 will need a judge’s permission to get married in Indiana under a law change approved by state legislators. The measure endorsed almost unanimously by lawmakers would repeal the state’s current law that allows those as young as 15 to marry if they have parental consent.

Opinions March 13, 2020

7th Circuit Court of Appeals
United States of America v. Hamza Dridi, a/k/a Alex
18-3334
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge William Lawrence.
Criminal. Affirms Hamza Dridi’s six-year prison sentence for charges of conspiring to violate the Racketeer Influenced and Corrupt Organizations Act and interstate transportation of stolen property, but reverses his $1,811,679.25 restitution order. Finds the Indiana Southern District Court erred both by not making specific factual findings prior to sentencing Dridi and by not adequately demarcating the scheme before imposing in restitution. Also finds only the second error affected Dridi’s substantial rights. Vacates the restitution order and remands the issue of restitution for further proceedings consistent.

Supreme Court petitioned on police officers’ legal immunity

| Associated Press

James King had no idea that the men who grabbed him and took his wallet were plainclothes officers looking for a fugitive. King’s case is one of several taken up by the Arlington-based Institute for Justice in an effort to get the U.S. Supreme Court to reconsider the “qualified immunity” doctrine, which frequently shields police officers and other government agents from lawsuits when they are accused of violating a person’s constitutional rights.

Opinions March 12, 2020

Indiana Court of Appeals
Name Change Of: R.E.
19A-MI-02562
Miscellaneous. Reverses and remands the Newton Circuit Court’s demand that R.E. publish his petition to change his name in a local newspaper; litigate the petition in open court; and submit medical evidence to show that R.E. had actually undergone a physical sex change. Finds the trial court obstructed the timely disposition of R.E.’s petition and placed evidentiary burdens upon R.E. that were unjustified and contrary to law. Remands with instructions that the trial court grant R.E.’s petition without further delay.