Opinions Dec. 11, 2017

December 11, 2017

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Friday:
United States of America v. John Foster

Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Sarah Evans Barker.
Criminal. Affirms John Foster’s sentence to a mandatory minimum of 15 years under the Armed Career Criminal Act. Finds Indiana’s Class B felony burglary qualifies as a violent felony under the ACCA.

Monday opinions
7th Circuit Court of Appeals
Larry Kemp, et al. v. David Liebel

Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Sarah Evans Barker.
Civil. Affirms the grant of summary judgment to Department of Correction director of religious and volunteer services David Liebel. Finds plaintiff inmates Larry Kemp and Brian Woodring failed to overcome Liebel’s qualified immunity defense.

Indiana Court of Appeals
Marquell M. Jackson v. State of Indiana

Criminal. Grants Marquell Jackson’s and the state’s petitions for rehearing. Declines to reconsider the Indiana Court of Appeals’ original Oct. 5 opinion. Clarifies the original remand instructions to require the Vanderburgh Circuit Court to correct its judgment of conviction, sentence order and abstract of judgment.

Jonathon D. Reis v. State of Indiana
Criminal. Affirms Jonathon Reis’ sentence to five years in the Indiana Department of Correction and one year in a community corrections program for his convictions of operating a motor vehicle while privileges are forfeited for life as a Level 5 felony and operating a vehicle while intoxicated endangering a person as a Class A misdemeanor. Finds Reis’ sentence is not inappropriate in light of his character and the nature of his offense. Also disagrees with the holding in Sanders v. State, and find the holding in Connor v. State is more in line with the purpose of Indiana Appellate Rule 7(B).

Richard Bernard Sansbury v. State of Indiana
Criminal. Reverses Richard Bernard Sansbury’s convictions of carrying a handgun without a license and driving with a suspended license with a similar infraction within the past 10 years, both as Class A misdemeanors. Finds the decision to impound the vehicle Sansbury was driving was constitutional, but the subsequent search of the vehicle was not. Also finds the state failed to carry its burden of proof as to whether Sansbury’s license was suspended on the date in question. Remands for further proceedings.

U.S. Research Consultants, Inc. v. The County of Lake, Indiana; Board of Commissioners of the County of Lake, Indiana, in their official capacities; and the Lake County Treasurer
Civil collection. Reverses the grant of Lake County’s motion for summary judgment. Finds a 2015 decision in the case does not require U.S. Research Consultants, Inc. to prove that it filed its claims for commissions within a specific time period, and that the county is not entitled to summary judgment on the basis that USRC failed to timely file its claims for commissions. Also finds USRC is entitled to prejudgment interest if it establishes that it is entitled to unpaid commissions. Remands for a determination as to whether USRC performed the collection services required under its contract with the county entitling it to unpaid commissions and, if so, the amount of damages due USRC.

Julie Jean Wright v. State of Indiana (mem. dec.)
Criminal. Affirms Julie Jean Wright’s convictions of dealing in methamphetamine as a Level 2 felony, possession of methamphetamine as a Level 3 felony and neglect of a dependent as a Level 5 felony. Finds the evidence is sufficient to establish each of Wright’s convictions. Also finds the Shelby Circuit Court did not commit fundamental error in the admission of evidence.

Michael Grady v. State of Indiana (mem. dec.)
Criminal. Affirms Michael Grady’s conviction for murder. Finds the evidence is sufficient to prove Grady was the person who shot and killed the victim.

J.W. v. State of Indiana (mem. dec.)
Juvenile. Dismisses J.W.’s appeal of his adjudication as a delinquent and order for his commitment to the Indiana Department of Correction. Finds J.W. has not pursued the appropriate remedy, a motion for relief from judgment pursuant to Indiana Trial Rule 60. Remands to the Henry Circuit Court permit J.W. to file such a motion.

Neve'rean Jackson v. State of Indiana (mem. dec.)
Criminal. Affirms Neve’rean Jackson’s conviction of resisting law enforcement as a Class A misdemeanor. Finds the Marion Superior Court did not abuse its discretion in admitting pre-trial identification evidence.