Opinions Feb. 5, 2014

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The following opinions were posted after IL deadline Wednesday:
7th Circuit Court of Appeals

Richard Wagoner v. Bruce Lemon, commissioner of the Indiana Department of Corrections, and Indiana Department of Corrections
U.S. District Court, Northern District of Indiana, South Bend Division, Magistrate Judge Christopher A. Nuechterlein.
Civil. Affirms summary judgment in favor of the commissioner and DOC on Wagoner’s claims of violations of Section 1983 and Title II of the ADA and the Rehabilitation Act. Wagoner did not show that he was denied access to any service or program because of his disability. Stresses it is better practice to hold a Pavey hearing separate from and before considering a motion for summary judgment.

United States of America v. Duryea Rogers
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Criminal. Affirms imposition of a two-level enhancement for carjacking after Rogers pleaded guilty to conspiracy to commit armed bank robbery, armed bank robbery and brandishing a firearm during a crime of violence. Holds that, for purposes of Section 2B3.1(b)(5), a defendant who takes a victim’s keys by force or threat of force, and who later takes the car (which is sufficiently proximate for the owner to access it), may be sentenced as if he took the victim’s car in the presence of the victim by force or threat of force.

Indiana Supreme Court
John O. Study v. State of Indiana
Criminal. Finds the trial court erred when it refused to grant Study’s motion to dismiss the March 21, 2006, robbery count because the charge was filed outside the five-year statute of limitations. Also holds that the charge stemming from that robbery is dismissed. Remands to vacate the conviction and sentence. Affirms all other convictions, sentences and fines for the other counts stemming from Study’s robbery of Boone County banks. Affirms remaining 53.5 year sentence and $40,000 fine.  

Thursday’s opinions
Anthony J. Thornton v. State of Indiana
Criminal. Reverses conviction of Class B felony criminal confinement. The trial court erroneously admitted evidence regarding out-of-court statements by an alleged accomplice in violation of Thornton’s rights under the United States and Indiana constitutions.

William Temple v. New Castle Correctional Facility (mem. dec.)
Miscellaneous. Grants petition for rehearing and affirms denial of petition for post-conviction relief.

Marques Love v. State of Indiana (mem. dec.)
Post conviction. Affirms denial of petition for post-conviction relief.

James Stewart v. State of Indiana (mem. dec.)
Criminal. Affirms felony murder conviction and sentence.

State Farm Fire and Casualty Company v. Scott C. Smith (mem. dec.)
Civil plenary. Reverses judgment for Smith on his lawsuit for breach of contract. Remands with instructions that a new appraisal in compliance with policy terms take place.

J.W. v. P.B. (mem. dec.)
Domestic relation. Affirms order reducing P.B.’s child support obligation.

William N. Perry v. State of Indiana (mem. dec.)
Criminal. Affirms convictions of Class C felony child molesting and Class D felony intimidation.

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