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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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.
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.
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.
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.
Judge pro tempore appointed in Terre Haute City Court
Attorney Kim Antcliff Jackson of Cory, Indiana, took office Monday as Terre Haute City Court Judge pro tempore, replacing retiring Judge Chris A. Wrede. Jackson’s appointment was announced in an Indiana Supreme Court order issued Thursday.
Manafort trial turns from prosecution’s case to his defense
Prosecutors rested their tax evasion and bank fraud case in the trial of former Trump campaign chairman Paul Manafort, closing two weeks of testimony that depicted him as using millions of dollars hidden in offshore accounts to fund a luxurious lifestyle — and later obtaining millions more in bank loans under false pretenses.
Northern District imposes new fee for copies of records outside of e-case management system
A new fee included on the Indiana Northern District Court’s Miscellaneous Fee Schedule will charge $31 per record for the reproduction and transmission of copies of electronic court records not stored in the court’s electronic case management system.
COA headed to Fort Wayne to hear med-mal appeal
The Indiana Court of Appeals will travel to Fort Wayne this week to hear oral argument in a medical malpractice appeal. Judges Edward Najam, Paul Mathias and Terry Crone will hear Cindy and Ron Glon v. Memorial Hospital of South Bend, Inc., 18A-CT-00049 at 10 a.m. Thursday at the Allen County Courthouse.
Memo shows Kavanaugh resisted indicting a sitting president
Newly released documents from Supreme Court nominee Brett Kavanaugh’s time on the Kenneth Starr team investigating Bill Clinton reveal his resistance to issuing an indictment of a sitting president. The memo, tucked toward the end of nearly 10,000 pages released Friday, provides greater insight into Kavanaugh’s views on executive power that are expected to feature prominently in his Senate confirmation hearings next month.
Indiana Supreme court ruling doesn’t settle Lake Michigan beach access
An Indiana man alleges a homeowner along Lake Michigan tried to remove people from the beach despite an Indiana Supreme Court ruling allowing lakeshore access, despite an Indiana Supreme Court ruling that the state owns the shoreline and holds it in trust for all residents.
Indiana BMV directed to repay final $3.3M in fee overcharges
Indiana drivers who were overcharged by the state Bureau of Motor Vehicles could soon find it easier to claim the last $3.3 million of a much larger class-action settlement. A bureaucratic snafu had prevented people from receiving their payments from the state attorney general’s unclaimed property division, so Marion County Judge Heather Welch directed the BMV to refund the money itself through credits or refund checks.
Jury awards $289M to man who blames Roundup for cancer
A San Francisco jury’s $289 million award to a former school groundskeeper who said Monsanto’s Roundup left him dying of cancer will bolster thousands of pending cases and open the door for countless people who blame their suffering on the weed killer, the man’s lawyers said.