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Opinions July 22, 2011

July 22, 2011
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7th Circuit Court of Appeals
Continental Casualty Co. v. Sycamore Springs Homeowners Association Inc.
10-3261
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Larry McKinney.
Civil. Affirms District Court’s conclusion that the homeowners association had not suffered “property damage” as defined in Continental Casualty’s policy insuring the builder. The language of the association’s own complaint in state court and the absence of any effort to apportion the $335,000 entitles Continental to judgment.

United State of America v. Jadrion Griffin
10-2028
U.S. District Court, Southern District of Indiana, Evansville Division, Chief Judge Richard Young.
Criminal. Affirms drug convictions and conviction of unlawful possession of a firearm by a convicted felon and 360-month sentence. Griffin was not “seized” for Fourth Amendment purposes when he discarded the crack cocaine into the parking lot during a low-speed police chase, so the drug evidence was properly admitted at trial. His arguments fail that he shouldn’t have been sentenced as a career offender because his prior conviction of vehicular flight is not a crime of violence and that he should be re-sentenced using the new crack-to-powder ratio prescribed by the Fair Sentencing Act of 2010.

Indiana Supreme Court, Court of Appeals, and Tax Court had posted no opinions at IL deadline.
 

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