The following 7th Circuit Court of Appeals opinion was posted after IL deadline Wednesday:
Walter Goudy v. Rodney J. Cummings, et al.
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Senior Judge Sarah Evans Barker.
Civil. Reverses and remands the Southern District Court’s award of summary judgment for now-Madison County Prosecutor Rodney Cummings and Detective Steve Napier on Walter Goudy’s claims of due process right violations under the 14th Amendment. Finds the district court’s judgment is premature, as Goudy presented enough evidence to advance his arguments that the investigators of his case suppressed lineup videotape and interview notes. Also finds neither Cummings nor Napier may use qualified immunity to avoid liability in the case at hand. Remands.
Indiana Court of Appeals
Brandon McGaughey v. State of Indiana (mem. dec.)
Criminal. Affirms Brandon McGaughey’s conviction for Level 5 burglary. Finds he is not entitled to discharge and that there is sufficient evidence to support the conviction. Also finds the Jefferson Superior Court did not err in giving an instruction on accomplice liability.
Matthew William Joseph v. State of Indiana (mem. dec.)
Criminal. Affirms Matthew Joseph’s conviction for Level 6 felony criminal recklessness. Finds there is sufficient evidence to support his conviction. Judge Rudolph Pyle dissents with separate opinion.
Walker L. Whatley, II v. State of Indiana (mem. dec.)
Criminal. Affirms Walker Whatley, II’s conviction for Level 6 felony possession of cocaine. Finds Whatley has not shown that either purposeful discrimination in jury selection or the denial of surrebuttal placed him in grave peril that warranted a mistrial.
In the Matter of the Paternity of L.C. and C.C. (Minor Children): Nichole Wells v. Joshua Christman, Deborah Christman (mem. dec.)
Juvenile paternity. Affirms the Jasper Circuit Court’s grant of grandparent visitation rights to Deborah Christman. Finds mother Nichole Wells has not demonstrated that the trial court clearly erred in granting visitation rights to Christman, her mother-in-law.
Kevin Ladell Robinson v. State of Indiana (mem. dec.)
Criminal. Affirms Kevin Robinson’s convictions for two counts of criminal confinement as Level 3 felonie. Finds Robinson has not demonstrated his entitlement to a mistrial.