Opinions June 11, 2021

The following Indiana Supreme Court opinion was posted after IL deadline Thursday:
In the Matter of Robert Cheesebourough
Disciplinary action. Suspends Whitestown lawyer Robert Cheesebourough from the practice of law in Indiana for at least one year without automatic reinstatement beginning July 7. Finds Cheesebourough violated Indiana Professional Conduct Rules 1.3, 1.4(a)(3) and (4), 8.1(b) and 8.4(d).

Friday opinions
7th Circuit Court of Appeals
United States of America v. Jeffrey Esposito
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Jane E. Magnus-Stinson.
Criminal. Affirms Jeffrey Esposito’s sentence to 200 years in prison, a de facto life sentence, for his convictions of multiple counts of sexually exploiting a child as well as possession of child pornography. Finds the district court did not err when sentencing Esposito.

Indiana Court of Appeals
AO Alfa-Bank v. John Doe, et al. and L. Jean Camp
Miscellaneous. Grants rehearing and reaffirms the Indiana Court of Appeals’ holding that the Monroe Circuit Court lacked subject matter jurisdiction to consider L. Jean Camp’s motion to quash in a Florida lawsuit brought by Russian bank AO Alfa-Bank. Declines Camp’s invitation to add dicta to the COA’s original decision. Finds subject matter jurisdiction is conferred upon a court by constitution or statute, not by a procedure instituted by a county Board of Judges. Also finds that whether a trial court can quash a foreign subpoena based upon a lack of compliance with the Uniform Interstate Depositions and Discovery Act and lack of jurisdiction is a matter not presented by the facts here.

Clarence Shearer v. State of Indiana (mem. dec.)
Criminal. Affirms Clarence Shearer’s convictions for Level 3 felony armed robbery and Level 6 felony theft. Finds Shearer’s trial date did not violate Indiana Criminal Rule 4(B) or 4(C), despite taking place 15 months after the carjacking.

Brad A. Riley v. State of Indiana (mem. dec.)
Criminal. Affirms Brady Riley’s conviction of Class B misdemeanor criminal recklessness and a restitution order that he pay the passenger in his vehicle $28,204.64 for medical bills and lost wages. Finds any error in the admission of evidence about two speeding tickets Riley received in 2017 was harmless because it had no bearing on the outcome of the case. Also finds Riley has not demonstrated fundamental error in the testimony of Trooper Richard Brown based on allegedly “unreliable methods” to calculate Riley’s speed. Finally, finds no error in the restitution order.

William Vincent v. Receivables Management Partners, LLC (mem. dec.)
Small claims. Affirms the Vanderburgh Superior Court’s order in favor of Receivables Management Partners LLC in its action to recover $666.78 from William Vincent. Finds Vincent failed to meet his burden of proving that the award of prejudgment interest, attorney fees and costs was clearly erroneous. Also finds the order in favor of RMP is not clearly erroneous.

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