Opinions Feb. 5, 2016

February 5, 2016
KEYWORDS Opinions / neglect

7th Circuit Court of Appeals
Erik Solano v. United States of America
U.S. District Court for the Northern District of Indiana, South Bend Division. Judge Jon E. DeGuilio.
Civil. Affirms dismissal of Solano’s Section 2255 motion to vacate his sentence. The Sixth Amendment does not require an attorney to accede to a defendant’s request to file an appeal where the defendant has knowingly and voluntarily waived that right as part of a valid plea agreement.

Indiana Court of Appeals
Liter's of Indiana, Inc. v. Earl E. Bennett and Daniel L. Bodine
Civil plenary. Affirms judgment entered pursuant to a jury’s verdict in favor of defendants Bennett and Bodine on a nuisance claim and a negligence claim. The common enemy doctrine does not preclude the defendants’ negligence claim and there was no abuse of discretion in admitting the testimony of an appraiser. Remands with instructions for the issuance of permanent injunction with regards to the trespass claim brought by Liter’s against Bennet and Bodine, requiring them to remove the unpermitted portion of Bennett’s roof that extends over Liter’s property.  

Raymond D. Tyson v. State of Indiana (mem. dec.)
Criminal. Affirms conviction of Class B felony burglary.

Matt D. Neace v. State of Indiana (mem. dec.)
Criminal. Affirms convictions of Class D felony possession of methamphetamine and Class A misdemeanor possession of paraphernalia.

Keith Hoglund v. State of Indiana (mem. dec.)
Post conviction. Affirms denial of Hoglund’s petition for post-conviction relief.

David Streeter v. State of Indiana (mem. dec.)
Criminal. Affirms denial of Streeter’s petition to file a belated notice of appeal.