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Opinions Dec. 3, 2018

7th Circuit Court of Appeals
United States of America v. Robert D. Taylor
18-1545
Appeal from the United States District Court for the Southern District of Indiana, New Albany Division. Judge Tanya Walton Pratt.
Criminal. Affirms Robert Taylor’s sentence of 135 months in prison for his conviction of one count of possession of child pornography. Finds the government did not breach Taylor’s plea agreement and fulfilled its obligation to advocate for a within-guidelines sentence. Also finds Taylor’s stipulations in the agreement waived his right to appeal two sentencing enhancements. Finally, finds the district court did not err in sentencing Taylor.

IU Maurer professor under Title IX investigation

Associate law professor Ian Samuel, who joined the faculty at Indiana University Maurer School of Law this fall and is a co-host of the popular "First Mondays" podcast on the U.S. Supreme Court, is under investigation for alleged Title IX violations, according to Indiana University.

Justices reject environmentalists’ appeal over border wall

The United States Supreme Court is rejecting an appeal from environmental groups trying to stop President Donald Trump from building a wall on the U.S.-Mexico border, even as other legal action against the wall is ongoing.

7th Circuit upholds child porn prison sentence

A Bedford man sentenced to more than 11 years in prison after pleading guilty to possession of child porn has failed to convince the 7th Circuit Court of Appeals to order a resentencing, with the court finding that the terms of the man’s plea agreement were not breached.

Washington to pay respects, bid farewell to George H.W. Bush

George H.W. Bush is set to embark on his final tour of Washington, the capital city that is remembering the 41st president’s lifetime of public service that began in the Navy during World War II, ended with one term as president and was characterized throughout by what admirers say was his innate decency, generosity and kindness.

Judge: Woman can’t keep pet pigs in Anderson

A judge has ruled that a woman can’t keep her three miniature pigs within the city limits of her central Indiana community. Madison Circuit Court Judge George Pancol rejected Lily Harsh’s appeal of a 2017 decision by the Anderson Board of Zoning Appeals to deny her a zoning variance to keep the pet pigs.

High court rejects request to reinstate murderer Baer’s death sentence

The U.S. Supreme Court has rejected a request by Indiana’s attorney general’s office to reinstate the death sentence of a man convicted of killing a central Indiana woman and her 4-year-old daughter. Monday’s decision leaves in place a federal appeals court ruling that threw out Frederick Baer’s death sentence because he had ineffective legal counsel. He’ll now be resentenced by an Indiana court.

Target in Mueller probe files complaint against prosecutors

A conservative author in the crosshairs of special counsel Robert Mueller’s investigation has filed a complaint with the Justice Department, alleging prosecutors tried to coerce him to give false testimony. Jerome Corsi said Monday the prosecutors were trying to entice him to lie to a grand jury and threatened to indict him.

Supreme Court sends bar fees case back for further look

The U.S. Supreme Court is telling a lower court to take another look at a case challenging mandatory fees lawyers pay to a state bar association. The case sent back Monday involves a North Dakota attorney who sued after learning that bar fees were being used to oppose a ballot measure he supported. The justices said the 8th Circuit Court of Appeals should reconsider the case in light of a recent ruling about fees paid to unions, Janus v. AFSCME.

Judgment affirmed for Ellettsville land owner in easement suit

The Indiana Supreme Court affirmed a trial court’s entry of summary judgment for a landowner against the owner of the property’s adjacent lot when it found that Indiana’s common-law rule prohibited the unilateral relocation of fixed easements.

Opinions Nov. 30, 2018

Indiana Court of Appeals 
James E. Jarman v. State of Indiana
18A-CR-1034
Criminal. Reverses James E. Jarman’s convictions for methamphetamine, dealing in a synthetic drug or synthetic drug lookalike substance and possession of paraphernalia. Finds although Jarman signed a waiver consent to searches without a warrant or probable cause, he did not “unambiguously authorize” suspicionless searches of his person. 

Pet therapy welcome relief for IU McKinney students

Indiana University Robert H. McKinney School of Law students headed to the library for final exam cramming were met with a pleasant surprise Wednesday when several furry, four-footed friends greeted them at the door.

Cohen confesses to lying about Trump Tower Moscow deal

The surprise plea agreement with President Donald Trump’s former lawyer made clear that prosecutors believe Michael Cohen was continuing to pursue the Trump Tower Moscow project weeks after his boss had clinched the Republican nomination for president and while investigators believe Russians were meddling in the 2016 election on his behalf.

Drug convictions tossed over suspicionless search

Although caught by Tippecanoe County Community Corrections with his ex-wife in the attic and drugs in the basement, a man had his convictions overturned after the Indiana Court of Appeals determined his consent to warrantless searches did not include suspicionless searches.   

7th Circuit revives Indiana wine retailer’s challenge to Illinois liquor laws

Finding the arguments needed to be allowed to ferment a little while longer, the 7th Circuit Court of Appeals has returned a dispute involving an Indiana wine retailer and Illinois’ liquor laws back to the district court for further proceedings. The case, Lebamoff Enterprises, Inc., et al. v. Bruce V. Rauner, et al. and Wine & Spirits Distributors of Illinois, 17-2495, raises the oft-asked question of how far states can go under the 21st Amendment in regulating alcohol within their borders.

Carmel spine surgeon wins $112M verdict in royalty battle with Medtronic

Dr. Rick C. Sasso, an Indiana spine surgeon and inventor, has won a sweeping, five-year legal battle against medical-device giant Medtronic, with a jury this week awarding him $112 million in damages. Sasso, president of  Indiana Spine Group, claimed Medtronic had violated a contract by not paying royalties he was due for spinal implants and screw-implant systems he had invented and licensed to the company more than a decade ago.