Opinions June 2, 2025

  • Print
Listen to this story

Subscriber Benefit

As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe Now
0:00
0:00
Loading audio file, please wait.
  • 0.25
  • 0.50
  • 0.75
  • 1.00
  • 1.25
  • 1.50
  • 1.75
  • 2.00

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.

Please enable JavaScript to view this content.

Get full access to The Indiana Lawyer! Subscribe Now

Get full access to The Indiana Lawyer! Subscribe Now

Get full access to The Indiana Lawyer! Upgrade Now

Get full access to The Indiana Lawyer! Upgrade Now

Get full access to The Indiana Lawyer!

Subscribe Now

Already a paid subscriber? Log In

Your go-to for Indy business news.

Try us out for

$1/week

Cancel anytime

Subscribe Now

Already a paid subscriber? Log In

Your go-to for Indy business news.

Try us out for

$1/week

Cancel anytime

Subscribe Now

Already a paid subscriber? Log In

Your go-to for Indy business news.

Try us out for

$1/week

Cancel anytime

Subscribe Now

Already a paid subscriber? Log In