Opinions Oct. 15, 2018

Keywords Opinions

The following 7th Circuit Court of Appeals opinion was posted after IL deadline on Friday:
Vicki Barbera v. Pearson Education, Inc.

Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Jane Magnus-Stinson.
Civil. Affirms the district court’s decision to overrule Vicki Barbera’s objection to a magistrate’s order that Pearson Education, Inc. could not dispute Barbera’s description of a missing email chain and the grant of summary judgment to Pearson on Barbera’s severance pay discrimination claim. Finds the magistrate judge did not act unreasonably in declining to impose additional sanctions on Pearson for the missing email chain. Also finds Barbera was not similarly situated to her proposed comparators. Finally, finds there is no evidence of pretext.

Indiana Court of Appeals
Alex Bise v. State of Indiana (mem. dec.)

Post conviction. Affirms Alex Bise’s 43-year sentence for conviction of Class A felony attempted murder. Finds the Gibson Superior Court did not abuse its discretion when it made a statement regarding the impact Bise’s offense had on the drug court program. Finds Bise’s sentence is not inappropriate in light of the nature of the offense and his character.
Antone L. Harris v. State of Indiana (mem. dec.)
Criminal. Reverses Antone Harris’ conviction of Level 5 felony child seduction under the conclusion that the Delaware Circuit Court abused its discretion in admitting evidence of Harris’ incriminating statements during the second interview. Also finds that the admission of such incriminating statements was not harmless. Finds sufficient evidence to support the conviction. Remands for a retrial excluding statements Harris made during his second interview.

Jason A. Whetstone v. State of Indiana (mem. dec.)
Criminal. Affirms Jason Whetstone’s 3½-year sentence for conviction of battery by means of a deadly weapon and criminal mischief. Finds the Grant Circuit Court did not abuse its discretion in sentencing Whetstone to the advisory sentence based on the identified mitigating and aggravating factors.

Christopher Symons v. State of Indiana (mem. dec.)
Criminal. Affirms the Howard Superior Court’s order for Christopher Symons to serve the entirety of his previously suspended 6½-year sentence at the Indiana Department of Correction following the revocation of his probation. Finds the trial court did not abuse its discretion in determining Symons’ sanction for the probation violation.

Lyndon C. Davis v. State of Indiana (mem. dec.)
Post-conviction. Affirms the Lake Superior Court’s denial of Lyndon Davis’ petition for post-conviction relief.

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