Opinions June 2, 2025

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The following opinions were posted after The Indiana Lawyer’s deadline Friday:
7th Circuit Court of Appeals
Steven Lindsey v. Ron Neal
23-2789
Prisoner. Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Theresa Springmann. Vacates the district court’s judgment dismissing Steven Lindsey’s post-conviction relief petition and remands for further proceedings. Finds that Indiana’s post-conviction remedies proved to be ineffective for Lindsey and thus that he is excused from § 2254’s exhaustion requirement. Attorneys for appellant: Samuel Lioi, David Wreesman. Attorneys for appellee: Jesse Drum, Sierra Murray.

Mark Johnson v. Mark R. Sevier, Warden
21-3239
Prisoner. Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge James Sweeney. Affirms the district court’s denial of Mark Johnson’s post-conviction relief petition. Finds it was not unreasonable for the trial court to credit Detective Laura Smith’s testimony that she had honestly believed the department’s policy required a sexual assault victim’s blood sample to undergo a toxicology analysis. Also finds it was not unreasonable for the Indiana appellate court to defer to the trial court’s factual finding. Recall too that Smith had no idea that a toxicology report had not been prepared and that she did nothing to prevent the sample from being tested. Attorneys for appellant: Andrianna Kastanek, Clifford Berlow, Jacob Wentzel, Kimberly Castle, Matthew Summers, Peter Welch. Attorneys for appellee: Tyler Banks, Sierra Murray.

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