Opinions Aug. 3, 2021

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Monday:
Planned Parenthood of Indiana and Kentucky, Inc. v. Marion County Prosecutor, et al.
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Richard L. Young.
Civil. Reverses the Indiana Southern District Court’s entry of summary judgment for Planned Parenthood of Indiana and Kentucky Inc. in its complaint against a 2018 law creating an abortion complications reporting statute and vacates the permanent injunction against the law. Finds that although the statute has some ambiguity, Planned Parenthood has not shown that the law is unconstitutionally vague on its face. Remands for further proceedings. Judge Diane Wood dissents with separate opinion.

Tuesday opinions
Indiana Court of Appeals
Montel Ray Brooks v. State of Indiana (mem. dec.)
Criminal. Affirms Montel Brooks’ conviction of murder and an enhancement for the use of a firearm in the offense. Finds the Lake Superior Court did not clearly abuse its discretion in admitting challenged testimony, and any error in the admission of the testimony was harmless. Also finds the trial court did not abuse its discretion when it denied Brooks’ motions for a mistrial, and any such error would be harmless.

Nathanael Estes v. State of Indiana (mem. dec.)
Criminal. Affirms Nathanael Estes’ 22-year sentence for dealing in methamphetamine and theft. Finds the sentence is not inappropriate in light of Estes’ character and the nature of the offenses.

M.M. v. State of Indiana (mem. dec.)
Juvenile. Affirms the finding that M.M. was a juvenile delinquent for what would be Class A misdemeanor criminal trespass if committed by an adult, the revocation of her probation in another case and the order for her to be committed to the Indiana Department of Correction. Finds sufficient evidence to sustain the juvenile court’s delinquency finding. Also finds that the juvenile court did not abuse its discretion in ordering M.M. committed to the DOC.

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