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Opinions May 12, 2015

May 12, 2015

The following 7th Circuit opinion was posted after IL deadline Monday:
United States of America v. Michael A. Knoll and Dax G. Shephard; Appeal of: Bob Henson
14-3027
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Tanya Walton Pratt.
Criminal. Affirms summary judgment in favor of the government on Henson’s claim he had a legal right, title or interest in the Indianapolis or Fort Wayne properties forfeited to the government after Outlaw members Knoll and Shephard pleaded guilty to racketeering charges. But Henson did not present evidence showing he had a legal right, title or interest, and his statement indicated his interest did not begin until after the raid occurred in 2012.

Tuesday’s opinions
Indiana Court of Appeals
Mary Ellen Stump v. St. Joseph County Treasurer, St. Joseph County Auditor, Cavallino Financial, LLC, Donald Wertheimer, James H. Shallenbarger, Jr., and Phillip Miller
71A04-1407-MI-327
Miscellaneous.  Reverses order denying Stump’s petition for release of tax sale surplus in favor of the county. Finds her judgment against Shallenbarger takes priority over other claims for the surplus. Remands for a determination how much, if any, Shallenbarger is entitled to from the surplus.
 
James E. and Tamara L. Dunmoyer, Jr., Linus and Karen Harrold, Theron and Clara Miller, et al. v. Wells County, Indiana Area Plan Commission, Wells County Wind II, LLC, et al.
90A02-1407-MI-460
Miscellaneous. Affirms the trial court’s grant of partial summary judgment upon a finding that the landowners were not aggrieved or prejudiced by the Indiana Area Plan Commission’s approval of Apex’s development plan to place wind turbines on adjoining private property. Remands with instructions to remand the development plan to the plan commission, which in turn must follow the instructions set forth in the trial court decision.

Christa Allen v. State of Indiana, Indiana Department of Correction
61A01-1412-PL-542
Civil plenary. Affirms grant of the DOC’s motion for judgment on the pleadings pursuant to Ind. Trial Rule 12(C), asserting Allen’s complaint for personal injury damages was time-barred and the Journey’s Account Statute was inapplicable to save the claim. The dismissal of Allen’s original claim was a decision on the merits and therefore the JAS is not available to save her current claim.
 
James Satterfield v. State of Indiana
49A02-1409-CR-659
Criminal. Holds that even though Satterfield forfeited his right to appeal due to his failure to timely file a notice of appeal, extraordinarily compelling reasons warrant a review of Satterfield’s arguments on the merits. Reverses denial of bail and remands for new bail hearing with instructions to weigh his evidence of self-defense. Original opinion in case issued April 16 is withdrawn.

Floyd Carr v. State of Indiana
45A04-1409-CR-456
Criminal. Affirms denial of motion to modify sentence. The trial court did not abuse its discretion as it had no authority to modify his sentence without approval of the prosecutor.

Melvin H. Sandock, et al. v. Garland Aschenbrenner, et al.  (mem. dec.)
71A05-1405-PL-244
Civil plenary. Affirms summary judgment in favor of defendants Garland and Winifred Aschenbrenner regarding a lease agreement and the denial of the Aschenbrenners’ request for attorney fees.

Sam J. Spicer II v. State of Indiana (mem. dec.)
15A05-1409-CR-410
Criminal. Affirms sentence following guilty plea to Class A felony conspiracy to commit dealing in methamphetamine in an amount of three grams or more.

Angela M. Beck v. State of Indiana (mem. dec.) 
02A05-1410-CR-497
Criminal. Affirms sentence for Class B felony neglect of a dependent resulting in serious bodily injury.

David Miller v. State of Indiana (mem. dec.)
89A01-1412-CR-539
Criminal.  Affirms sentence following guilty plea to Level 6 felony resisting law enforcement.

Tracy Souviner v. State of Indiana (mem. dec.)
29A04-1409-CR-461
Criminal. Affirms order that Souviner return to incarceration following the revocation of her probation.

Larry A. Jones v. State of Indiana (mem. dec.)
82A04-1410-CR-481
Criminal.  Affirms conviction of Class B felony unlawful possession of a handgun by a serious violent felon.

Cleverly Lockhart v. State of Indiana (mem. dec.)
33A04-1412-MI-602
Miscellaneous. Affirms order dismissing petition to be removed from the Indiana Sex Offender Registry.

Christopher M. Brooks v. State of Indiana (mem. dec.)
02A05-1408-CR-404
Criminal. Affirms conviction of Class C felony carrying a handgun without a license.

In the Matter of the Marriage of Christina Estes (Sapp) v. Shaun Allen Sapp (mem. dec.)
87A05-1408-DR-384
Domestic relation.  Affirms denial of mother’s request to relocate with child and grant of father’s petition to modify custody.
 

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