The following 7th Circuit Court of Appeals opinions were posted after IL deadline on Wednesday:
Nathan S. Berkman v. Frank Vanihel
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Senior Judge Robert L. Miller Jr.
Civil. Affirms the denial of habeas relief to Nathaniel Berkman, who was convicted of felony murder. Finds the Court of Appeals of Indiana did not unreasonably apply Crawford v. Washington, 541 U.S. 36 (2004), when it admitted testimony from a witness in Berkman’s first trial at his second trial after that witness was declared unavailable for the second trial.
Thomas Ostrowski v. Lake County, et al.
Appeals from the United States District Court for the Northern District of Indiana, Hammond Division. Senior Judge Robert L. Miller Jr.
Civil. Affirms the grant of summary judgment to the Lake County defendants on Thomas Ostrowski’s disability discrimination lawsuit but reverses the order granting fees and costs to the defendants. Finds Ostrowski’s present lawsuit is not barred by his unrelated settlement agreement with Lake County, but his claims fail on other grounds.
Court of Appeals of Indiana
Fredrick David Craft v. State of Indiana
Criminal. Affirms Fredrick Craft’s convictions of murder and attempted murder. Finds Craft preserved his prosecutorial misconduct claims but declines to grant a new trial because the state’s closing arguments did not place him in grave peril. Also finds the evidence was sufficient to support the verdict.
William Anderson, et al. v. Charles Headdy and Headdy & Sons Tree Service (mem. dec.)
Civil tort. Reverses the grant of summary judgment in favor of Charles Headdy and Headdy & Sons Tree Service on a complaint for negligence filed by William, Kathy, Kenneth and Teresa Anderson after Headdy crashed his vehicle into the Andersons’ commercial building. Finds Headdy has not sustained the burden to affirmatively negate an element, i.e., a breach of duty, of the Andersons’ negligence claim. Also finds the Monroe Circuit Court erred in granting Headdy’s motion for summary judgment. Remands for further proceedings.
Jason Tye Myers v. Chaofeng Liu (mem. dec.)
Small claims. Affirms the order that property owner Chaofeng Liu return the remaining $200 of a deposit paid by Jason Myers but otherwise denying Myers’ claims for damages. Finds the Indiana Deceptive Consumer Sales Act is not applicable. Also finds Myers offered no evidence of emotional distress damages. Finally, finds the Tippecanoe Superior Court did not err in awarding Myers only the $200 necessary to return him to the status quo.