Opinions June 25, 2015

June 25, 2015

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Wednesday:
Robin Allman, et al. v. Kevin Smith and City of Anderson, Indiana
U.S. District Court, Southern District of Indiana, Indianapolis Division. Judge Tanya Walton Pratt.
Civil. Dismisses appeal to the extent it concerns the city of Anderson or Robin Allman’s claim against Mayor Kevin Smith. Affirms the decision that Smith is not entitled to qualified immunity on Margaret Baugher’s claim that her discharge violated the First Amendment as understood in Elrod v. Burns.

Thursday’s opinions
7th Circuit Court of Appeals

United States of America v. Pascal Sylla
U.S. District Court, Southern District of Indiana, Indianapolis Division. Judge Sarah Evans Barker.
Criminal. Affirms 2013 conviction of attempted bank robbery stemming from an attempted robbery in 2003. Sylla’s DNA was matched to the crime scene in 2010, thus making his conviction not outside the statute of limitations.

Indiana Court of Appeals
Dennis Johnson, Raymond Johnson v. State of Indiana
Criminal. Affirms denial of the Johnsons’ 2013 petitions to modify their 55-year sentences for 1997 convictions of felony murder and carrying a handgun without a license. The trial court did not err in applying the prior version of the statute which required prosecutorial consent and in denying the petitions to modify on that basis. Judge Bailey concurs in result with separate opinion.

Lakisha Jordan v. State of Indiana
Criminal. Affirm Jordan’s conviction for resisting law enforcement as a Class A misdemeanor, reverses her conviction for disorderly conduct as a Class B misdemeanor, and remands for entry of an acquittal on the
disorderly conduct count. Jordan’s comments to the officers consisted of political speech, and there is sufficient evidence to show she resisted arrest.

Gumwood HP Shopping Partners, L.P. v. Simon Property Group, Inc. (mem. dec.)
Civil tort. Affirms grant of Simon’s motion to dismiss and the denial of Gumwood’s motion to amend in a dispute over a lease involving Ann Taylor.

In the Matter of the Termination of the Parent-Child Relationship of: L.G. (Minor Child) and D.G. (Father) v. Indiana Department of Child Services, and Child Advocates, Inc. (mem. dec.)
Juvenile. Affirms termination of parental rights.