Opinions April 26, 2019

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The following 7th Circuit Court of Appeals opinions were posted after IL deadline Thursday:
Donald Lacy, on behalf of himself and all other similar situated, v. Keith Butts, Warden

Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Richard Young.
Civil. Affirms the district court’s ruling that Indiana’s use of the Indiana Sex Offender Management and Monitoring program impermissibly compels sex offender inmates into self-incrimination in violation of the Fifth Amendment. Finds the intrusive questions and detailed answers that sex offenders are required to give in the INSOMM program could be used in a criminal investigation or could lead to other evidence that might be used. 

GEFT Outdoors, LLC v. City of Westfield
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Tanya Walton Pratt. 
Civil. Affirms the district court’s denial of GEFT Outdoors, LLC’s motion for preliminary injunction against the City of Westfield. Finds GEFT was not denied procedural due process rights when the city stopped it from finishing construction on a digital billboard on property GEFT leases in Westfield. Also finds GEFT was not denied its substantive due process rights when a contract attorney for the city threatened imprisonment of GEFT representatives if construction did not cease. 

Friday opinions
Indiana Court of Appeals 
Alfonso Artigas v. State of Indiana

Criminal. Reverses Alfonso Artigas’ conviction for Class C misdemeanor operating a vehicle with an alcohol concentration equivalent to at least .08 but less than .15 g/100mL of blood. Finds the stipulated blood test presented a blood alcohol concentration only in a range from .07 to .084 g/100mL. Also finds there is insufficient evidence to support the conviction. 

Brian Siebenaler v. State of Indiana
Criminal. Affirms three of Brian Siebenaler’s four possession of child pornography convictions and two of his four child exploitation convictions, but reverses the remaining possession of child pornography conviction and the two remaining child exploitation convictions. Finds the images underscoring the four reversed counts do not contain “sexual conduct” under Indiana Code section 35-42-4-4.

Jimmie Austin, III v. State of Indiana (mem. dec.)
Criminal. Affirms Jimmie Austin III’s 340-day sentence for his conviction of Class A misdemeanor battery resulting in bodily injury. Finds the sentence is not inappropriate in light of the nature of the offense and Austin’s character. 

Antonio Devaughn Williams v. State of Indiana (mem. dec.)
Criminal. Affirms Antonio Williams’ 12-year sentence for Level 3 felony rape. Finds Williams’ sentence is not inappropriate in light of the offense and his character.  

Delonce Williams II v. State of Indiana (mem. dec.)
Criminal. Affirms Delonce Williams II’s conviction for Level 3 felony attempted child molesting. Finds the Marion Superior Court did not commit fundamental error in instructing the jury. 


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