Opinions March 28, 2019

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7th Circuit Court of Appeals
USA v. Alandous Briggs

Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Tanya Walton Pratt.
Criminal. Reverses the U.S. District Court for the Southern District of Indiana’s application of a four-level enhancement on Alandous Briggs’ guilty plea to a charge of being a felon in possession of a firearm after drugs and firearms were found at his home during a parole visit. Finds no factual findings were made connecting Briggs’ firearms to his conviction for cocaine possession. Vacates his sentence and remands for resentencing consistent with the opinion.

Indiana Supreme Court
Jeffrey Fairbanks v. State of Indiana

Criminal. Affirms Jeffrey Fairbanks’ conviction of felony neglect of a dependent resulting in death. Finds the admittance of evidence of prior bad acts was not improper under Indiana Evidence Rule 404(b) because the state had “reliable assurance” that Fairbanks would raise an accident defense at trial. Finds that evidence’s prejudicial effect did not outweigh its probative value and therefore its admittance was not an abuse of discretion.

Indiana Court of Appeals
Jose B. Rodriguez v. State of Indiana (mem. dec.)

Post conviction. Affirms the Elkhart Superior Court’s denial of Jose Rodriquez’s petition for post-conviction relief. Finds his trial counsel was not ineffective.

Linkmeyer Development II, LLC, Linkmeyer Development Services, LLC, Brian R. Bischoff, and Steve T. Linkmeyer v. City of Lawrenceburg, Indiana (mem. dec.)
Civil plenary. Affirms the entry of judgment in favor of the City of Lawrenceburg against Linkmeyer Development II, LLC; Linkmeyer Development Services, LLC; Brian R. Bischoff; and Steve T. Linkmeyer. Finds the Dearborn Circuit Court did not err in entering summary judgment in favor of the city.

Lavelle Lamar Borom v. State of Indiana (mem. dec.)
Criminal. Affirms Lavelle Borom’s eight-year sentence for conviction of Class C felony stalking and his admission of being a habitual offender. Finds there is sufficient evidence to support the conviction. However, finds the Lake Superior Court should have sentenced Borom to a 16-years for Class C felony stalking, rather than two consecutive eight-year sentences. Remands for correction of Borom’s sentencing.

Ashley Gill v. Thomas Haggerty and Cathy Haggerty (mem. dec.)
Civil tort. Reverses the Monroe Circuit Court’s award of summary judgment in favor of Thomas and Cathy Haggerty. Finds genuine issues of material fact exist as to Ashley Gill’s status on the Haggertys’ land. Remands for proceedings.

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