The following 7th Circuit Court of Appeals opinions were posted after IL deadline Wednesday:
Indiana Right to Life Victory Fund and Sarkes Tarzian, Inc. v. Diego Morales, et al.
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Senior Judge Sarah Evans Barker.
Civil. Certifies one question to the Indiana Supreme Court, asking it to consider whether state law prohibits or otherwise limits corporate contributions to political action committees or other entities that engage in independent campaign-related expenditures. Stays all further proceedings in the 7th Circuit while the Supreme Court considers the matter.
Kenneth Cody Pucillo, formerly known as Kenneth Cody Lock, II v. National Credit Systems, Inc.
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Tanya Walton Pratt.
Civil. Affirms the district court’s dismissal of Kenneth Pucillo’s complaint alleging National Credit Systems Inc. violated the Fair Debt Collection Practices Act when it sent him two collection letters about a debt discharged in bankruptcy. Finds National Credit’s communications did not cause Pucillo any concrete injury. Judge John Lee dissents with separate opinion.
7th Circuit Court of Appeals
Brian Hope, et al. v. Commissioner of Indiana Department of Correction, et al.
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Senior Judge Richard L. Young.
Civil. Reverses the district court’s grant of summary judgment for plaintiffs. Finds requiring offenders who are already subject to the burdens of registration elsewhere rationally promotes public safety through the maintenance of a sex-offender registry that is as complete as the Indiana Constitution permits.
Court of Appeals of Indiana
Nicole M. Carlson v. Consolidated Insurance Company (mem. dec.)
Civil plenary. Affirms the Jasper Superior Court’s denial of Nicole M. Carlson’s motion for relief from judgment. Finds Carlson has not met her burden of showing that service of process was not effected upon her consistent with Indiana Trial Rule 4.1 or that she was entitled to relief under Indiana Trial Rule 60(B).
INDY E CIGS LLC., et al. v. Scott Bender and Jamie Bender (mem. dec.)
Civil plenary. Dismisses Indy E Cigs LLC and Patrick C. Badell’s appeal of 13 orders of the Marion Superior Court and remands for a determination of attorney fees pursuant to Indiana Appellate Rule 66(E). Finds the appellants failed to preserve issues for appeal. Also finds that an award of appellate attorney fees is appropriate.
Terry Lynn Golden v. State of Indiana (mem. dec.)
Criminal. Affirms Terry Lynn Golden’s 10-year sentence following his guilty plea to sexual misconduct with a minor, a Level 4 felony. Finds Golden’s sentence is appropriate in light of the nature of the offense and his character.
Gabriel Kowalskey v. State of Indiana (mem. dec.)
Criminal. Affirms Gabriel Kowalskey’s convictions of Level 2 felony dealing in methamphetamine, Level 6 felony dealing in a substance represented to be a controlled substance, Level 6 felony unlawful possession of a syringe, Level 6 felony identity deception and the finding that he is a habitual offender. Finds the Hendricks Superior Court did not abuse its discretion when it admitted the evidence found during the search of the car because the stop was not unreasonably prolonged due to the dog sniff. Also finds there was sufficient evidence presented to support Kowalskey’s conviction for identity deception. Finally, finds Kowalskey has waived his variance argument.
Peggie A. Nance v. State of Indiana (mem. dec.)
Criminal. Affirms the Madison Circuit Court’s revocation of Peggie A. Nance’s probation and the sanction imposed: revoking Nance’s previously suspended two-year sentence and placing her in the Indiana Department of Correction. Finds there is sufficient evidence that Nance violated a condition of probation. Also finds the trial court did not abuse its discretion in imposing a sanction.
Steven Michael Jennings v. State of Indiana (mem. dec.)
Criminal. Affirms Steven Michael Jennings’ convictions of Level 4 felony unlawful possession of a firearm by a serious violent felon, Level 5 felony dealing in a substance represented to be a controlled substance and Level 6 felony possession of a controlled substance, his adjudication as a habitual offender, and his 12-year sentence. Finds the Tippecanoe Superior Court did not err in the admission of evidence, and the evidence was sufficient. Also finds Jennings has not demonstrated a violation of his substantive double jeopardy rights. Finally, finds there is no double enhancement problem with Jennings’ sentence, and his sentence is not inappropriate.
James Seward v. State of Indiana (mem. dec.)
Expungement petition. Reverses the St. Joseph Superior Court’s denial of James Seward’s petition to expunge a prior conviction of Class C felony battery. Finds the lack of findings by the trial court inexorably hampers appellate review. Remands the trial court to reconsider its decision.
In the Matter of the Civil Commitment of: L.D. v. Richard L. Roudebush Veterans Affairs Medical Center (mem. dec.)
Mental health. Affirms the grant of the Richard L. Roudebush Veterans Affairs Medical Center’s petition for the involuntary commitment of L.D. Finds L.D.’s due process rights were not denied. Also finds the Marion Superior Court’s judgment was supported by sufficient evidence.
John Amos v. State of Indiana (mem. dec.)
Criminal. Affirms John Amos’ conviction for Count 1 as it relates to the Broadway House and Count IV as it relates to the Lawrence House. Reverses Amos’ convictions on Counts II, III, V, VI and VIII and remands the Marion Superior Court with instructions to vacate those counts and resentence Amos on Counts I and IV. Finds the facts of the case indicate that Amos only committed one punishable arson at each residence.
Georgine E. Pearson v. State of Indiana (mem. dec.)
Criminal. Affirms the Jefferson Superior Court’s revocation of Georgine Pearson’s probation and the order that she serve the remainder of her suspended sentence. Finds the trial court did not abuse its discretion when it ordered Pearson to serve the remainder of her suspended sentence.