7th Circuit Court of Appeals
Sandra M. Bontrager, on her own behalf and on behalf of a class of those similarly situated v. Indiana Family and Social Services Administration, Michael A. Gargano and Patricia Casanova
U.S. District Court, Northern District of Indiana, South Bend Division, Chief Judge Philip P. Simon.
Civil. Affirms grant of Bontrager’s request for a preliminary injunction in her putative class-action complaint challenging Indiana’s $1,000 annual limit for dental services covered by Medicaid. The state is required to cover all medically necessary dental services, irrespective of the monetary cap.
United States of America v. Christopher Spears
U.S. District Court, Northern District of Indiana, Hammond Division. Judge Rudy Lozano.
Criminal. Affirms conviction of aggravated identity theft. Spears sold his customer a fraudulent handgun permit bearing her own identifying information, which she then used in an attempt to buy a firearm, violating 18 U.S.C. Section 922(a)(6), a qualifying predicate felony for aggravated identity theft. Affirms conviction of producing a false identification document, as the fake driver’s license underlying this count is sufficiently realistic that a reasonable jury could conclude that it appears to be issued by the state of Indiana. Reverses conviction of unlawful possession of five or more false identification documents because two of the documents introduced are photocopies. Remands for resentencing.
Indiana Supreme Court and Tax Court posted no opinions at IL deadline.
Indiana Court of Appeals
Steven J. Hirst v. State of Indiana (NFP)
Criminal. Affirms sentence imposed following guilty plea to Class D felony possession of a controlled substance.
Randy G. Cobb v. State of Indiana (NFP)
Post conviction. Affirms denial of petition for post-conviction relief.
Leaders Staffing LLC v. Review Board of the Indiana Dept. of Workforce Development and Jason P. Ballard (NFP)
Agency action. Reverses decision that Leaders Staffing did not meet its burden of proving that Ballard was discharged for just cause.
Jason Tye Myers v. State of Indiana (NFP)
Criminal. Dismisses appeal for lack of jurisdiction.
Jessie M. Spears v. Review Board of the Indiana Dept. of Workforce Development and Meijer Stores Limited Partnership (NFP)
Agency action. Affirms denial of claim for unemployment benefits.
Daniel Nolan v. State of Indiana (NFP)
Criminal. Affirms sentence imposed following guilty plea to Class C felony incest.
Kevin A. Nasser v. State of Indiana (NFP)
Criminal. Affirms convictions of Class D felony battery by body waste, Class A misdemeanor battery, and Class B misdemeanors battery, disorderly conduct and public intoxication.
Brandon King v. State of Indiana (NFP)
Criminal. Affirms denial of King’s request at his sentencing hearing to withdraw his guilty pleas to five felonies under three cause numbers.
Joshua Banks v. State of Indiana (NFP)
Criminal. Affirms conviction of Class A misdemeanor patronizing a prostitute.
Gregory D. Webster v. State of Indiana (NFP)
Criminal. Affirms convictions of Class A misdemeanor possession of marijuana and Class B felony possession of cocaine.
Baron D. McClung v. State of Indiana (NFP)
Criminal. Affirms conviction of Class D felony domestic battery.