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Opinions Dec. 23, 2010

December 23, 2010
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The following opinion was posted after IL deadline Wednesday:
Indiana Supreme Court
Gregory L. Galloway v. State of Indiana
33S01-1004-CR-163
Criminal. Reverses trial court’s rejection of the insanity defense. The trial court erred in this case by entering a verdict of guilty but mentally ill when the evidence presented reasonably led only to a conclusion that the defendant was legally insane at the time of the offense. Chief Justice Shepard and Justice Dickson dissent.

Today’s opinions
7th Circuit
USA v. Kevin Dortch
09-3260
U.S. District Court for the Northern District of Indiana, Hammond Division, Judge Rudy Lozano
Criminal. Affirms statutory maximum of 240 months imprisonment for Dortch, who pled guilty and only appealed his sentence. After robbing a bank that was located inside a drugstore in Munster, he led police on two high-speed chases through the nearby residential neighborhoods. At issue was whether enough evidence was presented regarding an officer’s hospital visit following the car chase to show “serious bodily injury.” However, the 7th Circuit found that any error was harmless in this case and that there was nothing unreliable about the officer’s testimony about his hospital stay, even though the 7th Circuit did write the government could have provided more information.

The Indiana Supreme Court, Court of Appeals, and Tax Court are closed Dec. 23 and 24.
 

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