Opinions Jan. 13, 2020

7th Circuit Court of Appeals
Shanika Day v. Franklin Wooten
Appeal from the U.S. District Court for the Southern District of Indiana, Indianapolis Division. Judge Tanya Walton Pratt.
Civil tort. Reverses the denial of qualified immunity to Indianapolis Metropolitan Police Officer Randall Denny and Indianapolis Metropolitan Police Sgt. Franklin Wooten. Finds the officers’ conduct in placing Terrell Day in handcuffs did not violate the teenager’s Fourth Amendment rights even though he complained of not being able to breathe and eventually died in custody. The autopsy report concluded Day’s death was caused in part by having his hands cuffed behind his back, but the appellate panel ruled there is no precedent giving an arrestee the right to not have his hands cuffed behind his back after he complains of difficulty breathing. Remanded for further proceedings.

Indiana Court of Appeals
Jayne Murphy, Stephen Kelker, and Cristine Pisula v. Trustee of Star Financial Bank, Laura Lynne Bradford, Amy Myers, Abbie Fellrath, Courtney Ulrey, Eric Franke, Anne Marie Cochrane, et al.
Trust. Affirms the Allen Superior Court’s summary judgment determining there was no genuine issue of material fact precluding judgment in favor of appellees-intervenors regarding the interpretation of the living trust agreement executed by Janice Dray. Finds the Franke grandchildren are entitled to judgment as a matter of law.

Jefferson Billimon v. State of Indiana (mem. dec.)
Criminal. Affirms in part, reverses in part Jefferson Billimon’s conviction of Level 4 felony unlawful possession of a firearm by a serious violent felon, two counts of Level 5 felony intimidation, and two counts of Level 6 felony pointing a firearm. Finds the show-up identification at issue did not violate Billimon’s due process rights. However, finds the Vanderburgh Circuit Court’s sentencing order requires correction and clarification. Remands for proceedings consistent with the opinion to correct the illegal sentences and to clarify whether Billimon’s sentences will run concurrent or consecutive to each other.

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