7th Circuit Court of Appeals
United States of America v. Jeffrey P. Taylor
U.S. District Court, Northern District of Indiana, Hammond Division, Judge James T. Moody.
Criminal. Reverses conviction of and 10-year sentence for violating 18 U.S.C. Section 2422(b), which deals with knowingly persuading or enticing someone under 18 to engage in prostitution or any sexual activity for which any person can be charged with a criminal offense, or attempts to do so. The section is ambiguous and sexual activity and sexual act could be synonyms and therefore require contact between the perpetrator and victim for a conviction. Remands with instructions to acquit Taylor. Judge Manion concurs in a separate opinion.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Carol Cutter, et al. v. Geneva Herbst, personal representative of the Estate of Jeffry A. Herbst, deceased
Civil plenary. Affirms order on Herbst’s motion to correct errors, awarding the estate $750,000 in damages following a calculation of pre-negligence and post-negligence survival chances. The estate did not waive the pre-negligence versus post-negligence survival argument. The evidence shows that Jeffry’s primary care physician’s and the hospital’s medical negligence significantly decreased his chances for survival. Affirms trial court determination that Jeffry’s post-negligence chance of survival was 10 percent, not 0 percent as the estate argued. Chief Judge Robb dissents.
Stephen Harvey v. State of Indiana (NFP)
Post conviction. Affirms denial of petition for post-conviction relief.
Brian Redd v. State of Indiana (NFP)
Criminal. Affirms conviction of Class C felony child molesting.
Michael L. Yates v. State of Indiana (NFP)
Criminal. Affirms conviction of and sentence for Class B felony attempted armed robbery.
Joseph Munden v. State of Indiana (NFP)
Criminal. Affirms conviction of Class C felony carrying a handgun without a license.
Jacob M. Jones v. State of Indiana (NFP)
Criminal. Affirms conviction of Class A misdemeanor invasion of privacy.
Indiana Tax Court had posted no opinions at IL deadline.