Opinions July 13, 2015

July 13, 2015

7th Circuit Court of Appeals
United States of America v. Joshua R. Mackin
U.S. District Court, Northern District of Indiana, Fort Wayne Division;
Judge Theresa Springmann
Criminal. Vacates conviction of being a felon in possession of a firearm and remands for further proceedings. Finds the government’s failure to produce the correct and complete continuity slip until mid-trial violated Federal Rule of Criminal Procedure 16. Agrees with defense that the incomplete slip presented during discovery was the basis of the defendant’s trial strategy and his decision not to seek a plea agreement.

Indiana Court of Appeals
Sanitary District of the City of Hammond, Indiana and the City of Hammond, Indiana v. Town of Griffith, Indiana; Town of Highland, Indiana, et al.
Civil plenary. Majority affirms trial court ruling invalidating the city of Hammond’s cancellation of wastewater treatment contracts with the towns of Griffith, Highland and Whiting. The trial court did not err in finding the sanitary district lacked the authority to cancel the treatment agreements, and it did not err in ordering the parties to arbitration for all disputes because the treatment agreement mandated arbitration. Dissenting Judge Margret Robb would reverse, holding Hammond was authorized under I.C. 5-22-6-1 to cancel the contracts. She would remand to the trial court to review the sanitary district’s determination.

Richard McCrumb v. State of Indiana (mem. dec.)
Criminal. Affirms conviction of operating a motorboat with an alcohol concentration equivalent of at least 0.08, a Class C misdemeanor. Finds the evidence is sufficient to show that McCrumb’s jet ski is a “motorboat.”

David Reyes-Valdes v. State of Indiana (mem. dec.)
Criminal. Vacates Reyes-Valdes’ conviction and 50-year sentence for dealing in cocaine, as a Class A felony. Affirms conviction of conspiracy to commit dealing in cocaine, as a Class A felony, but revises the sentence to 40 years executed.

Gene Hooks v. State of Indiana (mem. dec.)
Post conviction. Affirms denial of petition for post-conviction relief.
Tod E. Elias v. Janet R. Elias (mem. dec.)
Domestic relation. Affirms division of marital property in the marriage dissolution.