Opinions Dec. 1, 2014

Keywords neglect / Opinions
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7th Circuit Court of Appeals
United States of America v. William Boswell
Appeals from the U.S. District Court, Southern District of Indiana, Indianapolis Division. Judge William T. Lawrence.
Criminal. Affirms conviction and 235-month sentence for being a felon in possession of a firearm in violation of the Armed Career Criminal Act. The admission of evidence that Boswell had a gun tattoo on his neck was not an abuse of discretion because it served to impeach his testimony, and the sentence under the ACCA did not have to be alleged in the indictment.

Indiana Court of Appeals
Columbus Specialty Surgery Center v. Southeastern Indiana Health Organization, Inc., and Columbus Regional Health
Civil plenary. Affirms dismissal of CSSC’s defamation claim against SIHO without prejudice for failing to state a claim upon which relief can be granted. Finds SIHO statements that CSSC declined to participate in the insurance provider’s network do not impute any misconduct in the surgery center’s business or trade and therefore falls short of the type of statement covered by a claim of defamation.

Ritchie Hodges v. State of Indiana (NFP)
Post conviction. Affirms the denial of Hodges’s petition for post-conviction relief and the revocation of his community-corrections probation.

Tommy Grubb v. State of Indiana (NFP)
Criminal. Affirms the four and one-half-year habitual offender enhancement but remands with instructions to reduce Grubb’s sentence to one and one-half years on the underlying conviction for dissemination of matter harmful to minors, a Class D felony.

Anthony D. Goffinet v. State of Indiana (NFP)
Criminal. Affirms conviction and 115-year aggregate sentence for murder.


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