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Opinions April 12, 2016

April 12, 2016

These decisions came in after IL deadline Monday:
7th Circuit Court of Appeals
USA v. Berton Mays
15-2152
United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Jane Magnus-Stinson.
Criminal. Affirms Berton Mays’ Fourth and Sixth Amendment rights were not violated by seizure of a gun. He was charged with and pleaded guilty to possession of firearm by a felon.

Indiana Supreme Court
Whistle Stop Inn Inc. and Louise Liford D/B/A Thirsty Turtle v. City of Indianapolis, et al.
49S02-1604-MI-175
Miscellaneous. Affirms summary judgment in favor of the city. Holds Indianapolis’ no-smoking ordinance does not violate the Equal Privileges and Immunities Clause of Article 1, Section 23 of the Indiana Constitution. While the ordinance provides an exemption to satellite gambling facilities but not to bars and restaurants, Article 1, Section 23 does not prohibit this disparate treatment.


Tuesday’s opinions
Indiana Supreme Court
Scott Hitch v. State of Indiana
49S02-1506-CR-376
Criminal. Affirms there was no violation of Scott Hitch’s Sixth Amendment right to trial by jury and evidence was sufficient to sustain his conviction of battery as a Class A misdemeanor and that he committed a crime of domestic violence. Justice Massa concurs in result with separate opinion in which Justice Dickson joins.

Indiana Court of Appeals
Smith Law Office, P.C. v. Lawrence J. Cevelo and Carol L. Cevelo (mem. dec.)
18A05-1510-PL-1837
Civil plenary. Affirms denial of Smith Law Office’s motion to set aside agreed entry.

Candelario Rangel v. State of Indiana (mem. dec.)
71A04-1512-CR-2159
Criminal. Affirms Candelario Rangel’s conviction of two counts of Level 1 felony child molesting.


 

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