Opinions June 1, 2020

7th Circuit Court of Appeals
Logan Owsley v. Mark Gorbett
19-1825
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Richard L. Young.
Civil. Vacates dismissal of Logan Owsley’s federal lawsuit contending that the Bartholomew County Sheriff and his deputies have lost or destroyed evidence that would help his late father’s estate pursue claims against who Logan claims are Cary’s putative murderers. Finds the district court properly recognized that the state court’s decision to retain Lisa Owsley as the estate’s representative is not subject to collateral attack. Finds a first issue on remand to determine is whether an access-to-courts claim can be based on an assertion that the defendants concealed or destroyed evidence that could have been relevant, had suit been filed in state court.

Indiana Court of Appeals
Damon L. Rice v. State of Indiana (mem. dec.)
19A-CR-2748
Criminal. Affirms the revocation of Damon Rice’s home detention placement and the imposition of his entire previously suspended three-year sentence. Finds the state presented sufficient evidence to support the revocation of Rice’s placement in home detention. Also finds the Delaware Circuit Court did not abuse its discretion by imposing the entirety of Rice’s suspended sentence.

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