Opinions March 22, 2019

Keywords Opinions

7th Circuit Court of Appeals
United States of America v. Geraldo Colon

18-1233
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Jane Magnus-Stinson.
Criminal. Affirms Geraldo Colon’s money laundering convictions and the application of leadership enhancements to his advisory sentencing range. Finds the government’s evidence was sufficient to support the money laundering convictions. Also finds the district court erred in applying leadership enhancements, but those errors were harmless.
 
Indiana Court of Appeals
Collins Asset Group, LLC v. Alkhemer Alialy

18A-CC-1160
Civil collection. Grants Collins Asset Group’s petition for rehearing for the limited purpose of clarifying Footnote 1 in the original opinion, in which the Indiana Court of Appeals determined CAG’s argument regarding Indiana Code section 26-1-3.1-119. Finds CAG’s counsel never specifically mentioned the statute and only paraphrased it in a memorandum in opposition to a motion to dismiss. Also finds that casual references to a partial argument without specific attribution to the statute cannot be considered sufficient notice of the issue such that it warranted COA analysis. Affirms the original Dec. 6, 2018 opinion in all other respects.

Steven Linville v. State of Indiana
18A-CR-983
Criminal. Affirms and reverses in part Steven Linville’s aggregate 15-year sentence, with three years suspended to probation, and the order for him to pay $98,310.30 in restitution after he was convicted of three counts of Level 6 felony theft and three counts of Level 6 felony making or delivering a false sales document. Finds Linville’s sentence is not inappropriate, but the Ripley Circuit Court abused its discretion in ordering him to pay $98,310.30 in restitution. Remands for the trial court to enter a new order requiring Linville to pay $35,729 to Laughery Valley AG.

Jaqueline B. Walters v. State of Indiana
18A-CR-1021
Criminal. Reverses Jaqueline B. Walters’ conviction of Level 3 felony aiding, inducing or causing armed robbery. Finds the Morgan Superior Court abused its discretion when it admitted unauthenticated phone records for the number Walters shared with her boyfriend in the form of Exhibit 45 and 62. Also finds there is not sufficient evidence, independent of the phone records, to support the state’s case against Walters. Finally, finds double jeopardy did not attach because the jury could have found Walters guilty if those records were properly presented, so the state is allowed to retry Walters.  

Zachary J. Taylor v. State of Indiana
18A-CR-1757
Criminal. Affirms Zachary J. Taylor’s convictions of Level 5 felony possession of methamphetamine and Level 6 felony possession of marijuana. Finds Officer Shon Shourds’ act of peering through the inches-wide gap between the bottom of the blinds and the edge of the window on Taylor’s front door apartment window did not constitute an impermissible search under the Fourth Amendment or Article 1, Section 11 of the Indiana Constitution. Also finds the trial court did not abuse its discretion when it admitted the items founds as part of the search warrant prompted, in part, by Officer Shourds’ observations through the gap in the window.

Amanda Williams v. State of Indiana (mem. dec.)
18A-CR-2600
Criminal. Affirms Amanda Williams’ conviction of Class A misdemeanor operating a vehicle while intoxicated endangering a person. Finds the evidence is sufficient to sustain Williams’ conviction.

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