Judge’s miscalculation leads to remand for resentencing
A judge’s miscalculation of a man’s federal court sentence based on the number of his prior felony convictions prompted the 7th Circuit Court to remand for resentencing Thursday.
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Report: Late senator Landske’s husband held in lawyer’s slaying
The husband of a late Indiana state senator is suspected of killing a Lake County lawyer who years earlier eulogized the lawmaker at her funeral, the Times of Northwest Indiana reported. The Times reported William “Bill” Landske, 83, was arrested on allegations that he fatally shot T. Edward Page at the attorney’s Hobart home.
7th Circuit: Disability benefit arguments lack merit
Medical evidence did not support the testimony of a deceased man about the degree of limitations he experienced, the 7th Circuit affirmed when reviewing his denied disability benefits case. The court found arguments in the case lacked merit.
7th Circuit remands mandatory-minimum drug case for resentencing
A “dangerous drug” conviction in Arizona is not considered a felony drug offense qualifying for particular federal mandatory minimum sentencing in Indiana under because of differences in definitions, the 7th Circuit Court of Appeals determined.
Jury deliberations under way in Manafort fraud trial
Jurors began their deliberations Thursday in the trial of former Trump campaign chairman Paul Manafort, who prosecutors say earned $60 million advising Russia-backed politicians in Ukraine, hid much of it from the IRS, then lied to banks to get loans when the money dried up.
Prosecutors: Arrests made in Indiana synagogue vandalism
Federal prosecutors say they’ve made arrests in connection to anti-Semitic graffiti that was spray-painted at a Carmel synagogue last month.
7th Circuit slaps ALJ, remands engineer’s disability case after stroke
A district court’s decision affirming a Social Security administrative law judge’s ruling on the onset date of an engineer’s disability was vacated Wednesday by the 7th Circuit Court of Appeals, which found medical and other evidence strongly suggests an earlier disability date.
Prosecutor: Hobart lawyer shot dead by client
Authorities say a northwestern Indiana attorney was fatally shot at his home by a client. Lake County Prosecutor Bernard Carter said Hobart police have arrested a suspect in the shooting death Wednesday morning of 64-year-old T. Edward Page.
Opinions Aug. 15, 2018
The following 7th Circuit Court opinions were posted after IL deadline on Tuesday.
USA v. Johnny Jones
17-2658
Appeal from the United States District Court for the Northern District Indiana, South Bend Division. Judge Jon E. DeGuilio.
Criminal. Affirms Johnny Jones’ 145-month sentence and conviction of possessing and conspiring to distribute methamphetamine, and possession of a firearm in furtherance of a drug trafficking crime. Finds the trial court properly calculated the drug quantity in Jones’ possession and applied the enhancement for possession of a weapon.
7th Circuit rules for paramedic in patient-arrestee’s death
Case law does not clearly establish that a paramedic can violate a patient-arrestee’s Fourth Amendment rights by exercising medical judgment to administer a sedative in a medical emergency, the 7th Circuit Court of Appeals affirmed Wednesday.
The court ruled in the paramedic’s favor on all counts brought by the estate of a man sedated during a naked public rampage.
Survivor of duck boat sinking urges ban on such crafts
An Indiana woman whose husband and three children died when a duck boat sank last month in Missouri said Tuesday she hopes to save lives by backing an effort to ban the amphibious tourist boats.
Settlement reached in state police handcuffing of black teen
Louisiana State Police and a black Indiana man who was handcuffed and detained in New Orleans' French Quarter when he was a teenager in 2015 have settled a federal lawsuit. Terms of the settlement with the son of a Ball State University professor were not immediately disclosed.
Jeff Miller resigns from City-County Council, pleads guilty to felonies
Embattled Indianapolis City-County Councilor Jeff Miller resigned from the council on Wednesday and pleaded guilty to four counts of battery. The developments cap a months-long saga in which Miller defied bipartisan calls to resign.
Corrected exhibit slipped by COA; ‘disregard’ admonishment
The Indiana Court of Appeals, which issued a stern warning to defendants about misrepresenting their case, acknowledged an amended exhibit had been given to the trial court. While reaffirming its earlier decision, the panel noted that a harshly worded footnote criticizing defense counsel in the personal injury case "is to be disregarded."
Federal courts propose broad evidence, civil, bankruptcy rule changes
Proposed federal court rule changes released for public comment Wednesday would impose new duties on prosecutors who seek to introduce evidence of a criminal defendant’s prior crimes and on lawyers involved in depositions, among other changes.
7th Circuit: Meth weight needs only preponderance of evidence
Determining drug quantities at sentencing is not an exact science and requires only proof by a preponderance of the evidence, the 7th Circuit Court of Appeals affirmed Wednesday.
‘Manafort and his lies’ at heart of case, prosecution argues
Paul Manafort lied to keep himself flush with cash and to maintain his luxurious lifestyle when his income dropped off, prosecutors told jurors Wednesday in closing arguments in the former Trump campaign chairman’s financial fraud trial.
7th Circuit scrubs en banc hearing on welcoming ordinance
Although the 7th Circuit Court of Appeals has cancelled an en banc hearing to reconsider a nationwide injunction that protected welcoming ordinances across the country, it left the door open for the U.S. Attorney General to file a new challenge to what the Trump administration terms sanctuary cities.
Allen Judge Levine joins Surbeck in retiring; 7 to be interviewed
With more than 100 years of combined legal experience, Allen Superior judges John Surbeck Jr. and Stanley A. Levine will retire December 31, having devoted half of their careers to the bench in Fort Wayne. Seven candidates will be interviewed for Surbeck’s vacancy, which was announced in June, and applications to succeed Levine, who announced his retirement Monday, will be accepted later.
Public hearing on child support guidelines Friday
The Domestic Relations Committee of the Judicial Conference of Indiana is seeking comments on Indiana’s Child Support Guidelines and will hold a public hearing at 10 a.m. Friday in the Indiana Supreme Court Courtroom at the Statehouse to discuss the guidelines.