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As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowThe following 7th Circuit Court of Appeals opinions were posted after IL deadline Tuesday:
St. Vincent Randolph Hospital, Inc. v. Thomas E. Price, Secretary of Health and Human Services
16-3956
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Tanya Walton Pratt.
Civil. Vacates the district court’s grant of summary judgment to the secretary of Health and Human Services. Finds the acting principal deputy administrator did not give a reason for the denial of reimbursement of St. Vincent Randolph Hospital’s refinanced loan, creating a problem under SEC v. Chenery Corp. Remands for further proceedings.
Richard Watkins v. Trans Union, LLC
17-1142
Appeal from the United States District Court for the Southern District of Indiana, Terre Haute Division. Judge William T. Lawrence. Affirms the district court’s decision not to disqualify John Cento from representing Richard Watkins in a case against Trans Union, LLC. Finds Indiana Rule of Professional Conduct 1.9 does not require Cento’s disqualification. Judge Diane Sykes concurs in part and dissents in part with separate opinion.
Wednesday opinions
Indiana Court of Appeals
Anthony LaRussa v. State of Indiana (mem. dec.)
49A02-1703-CR-619
Criminal. Affirms Anthony LaRussa’s sentence to 44 years for Class A felony conspiracy to commit robbery. Finds LaRussa’s sentence is not inappropriately harsh.
Janise K. Cox v. State of Indiana (mem. dec.)
49A04-1703-CR-519
Criminal. Affirms Janise K. Cox’s conviction of Class A misdemeanor domestic battery. Finds the state presented sufficient evidence.
Raphael D. Driver v. State of Indiana (mem. dec.)
71A03-1605-PC-1018
Post conviction. Affirms in part the denial of Raphael D. Driver’s motion for certification of discharge. Finds Driver has failed to show the post-conviction court erred when it rejected his claim that he was effectively discharged from parole on Aug. 10, 2013, and determined he was still on parole when he was discharged from the Department of Correction and was alleged to have violated parole. Finds there was no constitutional violation for requiring Driver to be subject to GPS monitoring as a condition of parole or for revoking parole based on the information received from it. Remands with instructions for the post-conviction court to issue a separate ruling on the motion for jail time credit or to clarify it intended the order to constitute a ruling on Driver’s pending credit time claim.
Lindal Hairston v. City of Gary Police Civil Service Commission (mem. dec.)
45A03-1704-MI-808
Miscellaneous. Affirms the denial of Lindal Hairston’s motion for summary judgment, thereby affirming the city of Gary Police Civil Service Commission’s decision to terminate Hairston. Finds the Lake Superior Court properly denied Hairston’s motion for summary judgment.
Lisa M. Pace v. State of Indiana (mem. dec.)
72A04-1701-CR-212
Criminal. Affirms Lisa M. Pace’s sentence to an aggregate of five years and 270 days executed for her convictions of two counts of Class C felony assisting a criminal, one count of Class A misdemeanor theft and one count of Level 6 felony possession of a narcotic drug and for violating the terms of her probation. Finds Pace’s sentence is not inappropriate in light of the nature of the offense and her character.
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