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Opinions Nov. 2, 2017

November 2, 2017

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Wednesday:
United States of America v. Wanda Shorter

16-2053
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Jon E. DeGuilio
Criminal. Affirms Wanda Shorter’s convictions of health care fraud and three counts of misusing a means of identification. Finds the district court did not err in the admission of evidence. Also finds Shorter did not prove the indictments for the identity charges were duplicitous. Finally, finds the evidence was sufficient to convict Shorter.

Thursday opinions
Indiana Supreme Court
State of Indiana v. Tyson Timbs

27S04-1702-MI-70
Miscellaneous. Reverses the Grant Superior Court’s judgment for Tyson Timbs, in which the trial court held the state’s proposed forfeiture of Timbs’ Land Rover would violate the Eighth Amendment’s Excessive Fines Clause. Finds the Excessive Fines Clause does not bar the state from forfeiting Timbs’ vehicle because the U.S. Supreme Court has not held that the clause applies to the states through the 14th Amendment. Remands with instructions to enter judgment for the state on its forfeiture complaint.

Indiana Court of Appeals
Danny J. Howe v. State of Indiana (mem. dec.)

60A01-1701-CR-238
Criminal. Affirms Danny J. Howe’s 39-year sentence for his conviction of Level 1 felony attempted murder and Level 6 felony obstruction of justice. Finds Howe’s sentence is not inappropriate in light of his character and the nature of his offenses.

Michael Anthony Jones v. State of Indiana (mem. dec.)
71A03-1705-CR-1136
Criminal. Affirms Michael Jones’ conviction of Class A misdemeanor domestic battery. Finds the St. Joseph Superior Court did not err in the admission of evidence. Also finds the evidence is sufficient to support Jones’ conviction.

Daniel Dumoulin II v. Daniel Dumoulin, Sr. and Joan Dumoulin (mem. dec.)
52A02-1704-DR-725
Domestic relation. Affirms the denial of Daniel Dumoulin II’s motion to dismiss the proceedings supplemental action filed by his father, Daniel Dumoulin, Sr., to collect a debt owed by his son. Finds the son is barred from raising his appellate arguments because he did not do so when he appealed from an earlier money judgment order.

 

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