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Opinions April 15, 2015

April 15, 2015

The following 7th Circuit Court of Appeals decision was issued after IL deadline Tuesday:
Joseph E. Corcoran v. Ron Neal, superintendent
13-1318
U.S. District Court, Northern District of Indiana, South Bend Division, Judge Jon E. DeGuilio.
Civil. Affirms denial of writ for federal habeas relief from death penalty. The Indiana Supreme Court held that the trial judge did not rely on nonstatutory aggravating factors, and that determination was not unreasonable. The Supreme Court also reasonably determined that the trial judge considered all proffered evidence in mitigation.

Wednesday’s opinions
7th Circuit Court of Appeals

United States of America v. Maria I. Ramirez
13-1013
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Tanya Walton Pratt.
Criminal. Affirms District Court finding that the possession of firearms by Ramirez’s co-conspirators in the meth distribution ring was reasonably foreseeable to her, resulting in a two-level increase under the sentencing guidelines for possession of a dangerous weapon. Ramirez had a substantial and important role in a sizable drug enterprise, so it was not clear error to attribute the co-conspirators’ gun possession to her for purposes of a sentence enhancement.

Indiana Court of Appeals
In the matter of: L.E., et al; G.E. v. Indiana Department of Child Services
45A04-1404-JC-193
Juvenile. Affirms denial of G.E.’s petition to expunge a substantiated report of child neglect regarding her children. G.E. did not carry her burden of presenting clear and convincing evidence satisfying the statutory requirements under I.C. 31-33-27-5.

Brent Cole v. State of Indiana
53A04-1408-CR-356
Criminal. Affirms convictions of Class A misdemeanors strangulation and battery. Cole has waived any claim of error in regard to the admonition, he invited any alleged error by specifically agreeing to the content of the trial court’s admonition, and the state presented sufficient evidence that Cole was the initial aggressor and then re-engaged with the victim.

Norman Wagler, Nathan Wagler, and Janet Wagler v. West Boggs Sewer District, Inc.
14A05-1406-PL-281
Civil plenary. Affirms findings of contempt against the Waglers based on their failure to comply with the judgments requiring them to connect to West Boggs’ sewer system. The Waglers’ claim that a 2012 amendment to I.C. 8-1-2-125 exempts them from having to connect to the sewer system is an impermissible collateral attack on the underlying judgments. Remands for the award of appellate attorney fees to West Boggs.

Mike Winters v. City of Evansville
82A01-1409-CT-378
Civil tort. Affirms summary judgment in favor of the city of Evansville regarding the decision by the Evansville Police Merit Commission that Winters committed seven of eight alleged rule violations, affirmed his suspension and voted to terminate his employment with the police department. Because the chief did not participate in the commission’s decision to terminate Winters, his motivation for seeking termination is irrelevant; the commissioners did not base their decision on improper considerations, and the decision to terminate Winters for his unjustified and unprovoked grabbing of  student’s crotch is supported by substantial evidence.

Reinforcing Services Company, LLC, Steven Estes, and Wesco Wind, LLC v. Whaley Steel Corp. and James Whaley (mem. dec.)
90A02-1410-PL-764
Civil plenary. Affirms dismissal of the action brought by Reinforcing Services Co., Steven Estes and Wesco Wind because of lack of personal jurisdiction over the defendants.

J.V. v. State of Indiana (mem. dec.)
49A05-1409-JV-421
Juvenile. Affirms adjudication as a delinquent for committing what would be Class A misdemeanor battery if committed by an adult.

A.A. v. State of Indiana (mem. dec.)
49A05-1408-JV-371
Juvenile.  Affirms true finding that A.A. committed what would be Class A misdemeanor dangerous possession of a firearm if committed by an adult.
 

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