The following 7th Circuit Court of Appeals opinion was posted after IL daily deadline Wednesday.
David L. Day, Jr. v. United States of America
Appeal from the U.S. District Court for the Southern District of Indiana, Indianapolis Division
Judge Tanya Walton Pratt
Criminal. Vacates the denial of David Day’s pro se motion for relief from his 92-month sentence under 28 U.S.C § 2255. Rules the U.S. District Court for the Southern District of Indiana erred by denying the motion without an evidentiary hearing to hear Day’s arguments that his private attorneys were constitutionally ineffective for advising him to reject a favorable plea offer. Notes that to have his motion granted, Day will have to show a “reasonable probability” that he would have received a sentence lower than 92 months. Remands for an evidentiary hearing.
Indiana Court of Appeals
Brian K. Southard v. Keltner Property Group LLC
Civil Plenary. Affirms the judgment of more than $246,000 plus attorney fees in favor of Keltner Property Group arising from the breach of a commercial lease. Finds the Hamilton Superior Court’s findings and conclusions are not clearly erroneous.
Christopher W. Lopilato v. State of Indiana (men. dec.)
Criminal. Affirms the revocation of Christopher Lopilato’s probation and order for him to serve the balance of his previously suspended sentence in the Department of Correction. Finds the Delaware Circuit Court did not abuse its discretion in so ordering.
In the Matter of the Guardianship of J.W., Elaine Kuhns v. Britton and Hollie Shoellhorn (mem. dec.)
Affirms the modification of a guardianship order, finding the modification In Johnson Circuit Court was not erroneous.