Attorney: Elkhart teen charged with murder denied rights
An attorney for an Elkhart teenager whose murder trial will soon begin is asking a judge to throw out incriminating statements, arguing police violated the teen’s constitutional rights.
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New Indiana law could help hold down prescription drug costs
An Indiana lawmaker says a new state law promises to be an important step toward helping hold down Hoosiers’ prescription drug costs.
7th Circuit upholds brother’s liability for $7 million judgment
A caustic business dispute between brothers has resulted in one brother being held personally liable for a $7 million judgment after the 7th Court of Appeals found his conduct supported a piercing the corporate veil judgment against him.
Manafort’s ‘right-hand man’ Gates to testify in fraud trial
The most critical moment in the financial fraud trial of former Trump campaign chairman Paul Manafort will likely arrive this week with the testimony of his “right-hand man” — the person defense attorneys blame for any crimes. Rick Gates has been a key cooperator for special counsel Robert Mueller’s team after he cut a plea deal earlier this year.
Shifting strategy, Democrats to begin meeting with Kavanaugh
After weeks of refusing to meet with Supreme Court nominee Brett Kavanaugh, Democrats in the Senate plan to begin meeting with him when they start returning to Washington in mid-August, a senior Democratic aide said Friday.
Judge who heard Nassar case won’t disqualify herself
A Michigan judge who held an extraordinary hearing before sentencing sports doctor Larry Nassar to prison for sexually assaulting female athletes refused to disqualify herself from the case Friday if higher courts send it back to fix any errors. Ingham County Judge Rosemarie Aquilina said some of her courtroom comments about Nassar were “perhaps inartful,” but she denied any bias.
February trial set for Indiana man charged in 1988 slaying
A judge has set a Feb. 11 trial date for an Indiana man charged in the 1988 abduction, rape and killing of an 8-year-old girl. John D. Miller, of Grabill, is charged with murder and child molestation in the killing of April Tinsley.
ALJ’s omitted reason for disability decision troubles 7th Circuit
An administrative law judge’s failure to meet the minimum requirement of explaining her decision in a disability benefits case drew criticism from the 7th Circuit Court of Appeals on Friday.
Opinions Aug. 3, 2018
7th Circuit Court of Appeals
Susan Spicher v. Nancy Berryhill
17‐3399
Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Judge William C. Lee
Civil. Reverse and remands the denial of social security disability insurance benefits and supplemental security income to Susan Spicher. Finds the administrative law judge did not provide reasoning for her rejection of medical observations that undercut her conclusion. Remands for the ALJ to address Dr. Crystal Strong’s recommendation that Spicher regularly ambulate and evidence that Spicher could not perform certain postural activities and account for the effects of Spicher’s humerus fracture and carpal tunnel syndrome.
COA: 4th Amendment rights not violated by search of home
The Indiana Court of Appeals determined that a man’s Fourth Amendment rights were not violated during a search of his residence because law enforcement had ample reason to believe he was at the residence.
COA rules statute of limitations, contradictory testimony supports summary judgment entry
A time-barred complaint and contradictory statements made by a woman who claimed her privacy was violated during her knee-replacement surgery led the Indiana Court of appeals to affirm summary judgment for six defendants in a medical invasion of privacy case.
Memorial honoring Lozano scheduled for next month
The Indiana Northern District Court will honor the late Senior Judge Rudy Lozano at a memorial service in his honor next month. The service will begin at 2 p.m. Sept. 24 in Lozano's courtroom in the Hammond Federal Courthouse, 5400 Federal Plaza.
Judge in Manafort trial brings short fuse and sharp wit
Lawyers who have appeared before Thomas Selby Ellis III, the judge hearing the Paul Manafort trial, said he likes to be seen as the smartest person in the courtroom, not a huge leap for a judge. With his Princeton-Harvard-Oxford education and experience spanning consequential cases in an era of war and terrorism Ellis is known to cut lawyers down to size, sometimes subtly, sometimes not so much.
Archives: Kavanaugh documents not ready until end of October
The National Archives and Records Administration said Thursday it won’t be able to finish reviewing nearly 1 million documents regarding Supreme Court nominee Brett Kavanaugh’s time in the George W. Bush White House until the end of October, a potential roadblock in GOP hopes for confirmation before the November election.
Man gets 60 years in USI student’s slaying
A man has been sentenced to 60 years in prison for the fatal shooting of his ex-girlfriend in southwestern Indiana. Isaiah Hagan was sentenced Thursday for murder, robbery and obstruction of justice convictions in connection with the April 2017 slaying of Halee Rathgeber.
Judge to hear Nassar’s request that she disqualify herself
A judge who sentenced disgraced former sports doctor Larry Nassar to prison for molesting girls will hold a hearing on a request that she disqualify herself from his appeal of the sentence. Nassar’s court-appointed appellate lawyers said the judge was biased, citing comments such as saying she would allow someone “to do to him what he did to others” if the constitution allowed.
Opinions Aug. 2, 2018
Indiana Court of Appeals
In Re: The Adoption of S.M.S., F.V. v. J.S. and A.S. (mem. dec.)
18A-AD-517
Adoption. Affirms the adoption of S.M.S. to grandparents J.S. and A.S. Finds the Clinton Circuit Court did not err in concluding that F.V. impliedly consented to the adoption. Finds the adoption is in the best interest of S.M.S. and not clearly erroneous.
Food services company sues closed Indiana college
A private college in Rensselaer that closed last year is being sued by a food service company that alleges administrators concealed the school’s dire financial situation. The company said it wouldn’t have paid for renovations at St. Joseph College had it known of the school’s fiscal problems.
Report: Employment rate rises with J.D. class of 2017
Overall employment for class of 2017 law school graduates only increased by 1 percentage point, even though the number of jobs found by graduates fell again by more than 1,200 compared with 2016 numbers, according to a report released Thursday.
Marion County Jail beating lawsuit proceeds
A judge has refused to dismiss a federal lawsuit in which a man claims guards at the Marion County Jail stomped and beat him, leaving him with broken ribs, then refused to allow him to file a grievance.