Opinions July 22, 2022

Keywords Opinions

The following 7th Circuit Court of Appeals opinion was posted after IL deadline on Thursday.
David Lane, Jr. v. Michael Person
21-2710
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Robert L. Miller Jr.
Civil. Modifies the bill of costs awarded to Dr. Michael Person to $1,307.59. Finds the Northern Indiana District Court abused its discretion in its calculations by awarding $4,017.59 to Person, with $2,750 charged by witness Dr. Rick Nelson. Finds Section 1821(b) limits Nelson’s witness fee to $40 per day. Concludes even the itemized list that Person submitted instructs that costs be calculated under § 1821(b) and Nelson’s fee is thus capped at $40 for his single day of testimony.

Friday opinions
Court of Appeals of Indiana
John William Rosenbaum, III v. State of Indiana
21A-CR-1409
Criminal. Affirms John William Rosenbaum III’s conviction of Level 3 felony child molesting and Level 4 felony child molesting. Concludes that the Hendricks Superior Court abused its discretion when it admitted V.V.’s consistent recorded pretrial statement, but Rosenbaum failed to establish that his substantial rights were affected as a result. Finds that the trial court did not abuse its discretion when it rejected Rosenbaum’s request to depose his child victim pursuant to a valid statute limiting Rosenbaum’s right to do so.

 Christian K. Pittman v. State of Indiana (mem. dec.)
21A-CR-1919
Criminal. Affirms Christian K. Pittman’s convictions of felony murder, Level 2 felony robbery resulting in serious bodily injury and Level 4 felony leaving the scene of an accident resulting in death. Finds the evidence for Pittman’s convictions is sufficient. Concludes Harrison Superior Court didn’t abuse its discretion by refusing to give a mistake of fact instruction.

Atkins Farms, LLC and Randall Atkins v. The Estate of Olive J. Moorman by Personal Representatives Terry D. Moorman and Cheryl E. Boyle, Terry D. Moorman, individually, Cheryl E. Boyle, individually, and Curt Presnall (mem. dec.)
21A-PL-2286
Civil plenary. Reverses the dismissal of Randall Atkins’ complaint against his brother and sister in law who forced him to vacate from their deceased mother’s farmland he worked on after she died. Finds that neither claim preclusion nor issue preclusion barred Atkins’ claims, and his claims should not have been dismissed at the pleadings stage. Remands to the Grant Circuit Court for further proceedings.

Derek Aguilar v. Warden Vanihel (mem. dec.)
21A-MI-2513
Miscellaneous. Affirms the Sullivan Circuit Court’s denial of Derek Aguilar’s petition for a writ of habeas corpus. Finds Vanihel’s commitment isn’t improper, as he was never discharged from FB-10. Concludes Vanihel misunderstands the habeas process, as his claims of procedural error hinge on the issuance of a writ which was never issued.

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