Opinions May 16, 2025

The following opinions were posted after The Indiana Lawyer’s deadline Thursday:
7^th Circuit Court of Appeals
United States of America v. Lamont Coleman
23-2617
Criminal. Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Judge Jon DeGuilio. Affirms Lamont Coleman’s convictions of being a felon unlawfully in possession of a firearm, as well as of conspiring and possessing with the intent to distribute heroin and sentence of 240 months in prison. Finds that Coleman forfeited his constructive amendment claim. Also finds that any constructive amendment would not have affected Coleman’s substantial rights. Attorneys for appellant: Thomas Patton, James Thiros, Michael Roy. Attorneys for appellee: David Hollar, Nathaniel Whalen.

Donald Nicodemus v. City of South Bend, Indiana and State of Indiana
24-1099
Civil. Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Damon Leichty. Affirms the district court’s denial of Donald Nicodemus’s injunction request and its final judgment in favor of the City of South Bend and the State of Indiana. Finds Indiana’s buffer law to be constitutional because it only had an “incidental effect” on the public’s First Amendment right to record and scrutinize police activity. Attorneys for appellant: Ken Falk, Gavin Rose, Stevie Pactor. Attorneys for appellees: James Bopp, Jr., Matthew Clark, Benjamin Jones, Joseph Smith, Jospeh Maughon, Taylor Shetina, Jenna Lorence.

United States of America v. Rick P. Coley & David K. Duggar
23-2494 & 23-2519
Criminal. Appeals from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge James Hanlon. Affirms Rick Coley and David Duggar’s convictions in district court on drug and firearm charges stemming from their participation in an Indianapolis drug-trafficking conspiracy led by Jason Betts. Finds the evidence at trial established that Coley and Duggar repeatedly purchased distribution quantities of drugs from Betts and his operatives. Also finds the evidence also supports Coley’s firearm conviction based on a theory of constructive possession: the gun in question was found in his bedroom at the time of his arrest, alongside his personal items and drug dealing implements. Attorneys for appellant: Christopher Keleher, Denise Turner. Gregory Bowes, Michelle Jacobs, Vanessa Eisenmann. Attorneys for appellee: Bradley Blackington, Brian Reitz.

Friday opinions
Indiana Court of Appeals
Todd Rokita, in his official capacity as Indiana Attorney General, et.al. v. Board of School Commissioners for the City of Indianapolis
23A-PL-2729
Civil plenary. Affirms Marion Superior Court Judge Heather Welch’s judgment that Indianapolis Public Schools is exempt from the Dollar Law under the 2023 amendments. Finds that applying the 2024 amendments retroactively would violate Article 1, Section 24 of the Indiana Constitution by substantially impairing the IPS board’s contractual relationship with VOICES as to the Bellamy 102 building. Also finds with the Brandes 65 building, that the IPS board has failed to establish that applying the 2024 amendments retroactively would violate any vested right or constitutional guarantee with respect to that building. Remands with instructions for the board to dispose of the Brandes 65 building in conformance with the Dollar Law. Finally, finds that the trial court did not abuse its discretion in staying its judgment. Attorney for appellant: Attorney General Todd Rokita, Section Chief, Civil Appeal Benjamin Jones. Attorneys for appellees: Bryan Babb, Bradley Dick, Jonathan Mayes, Dakota Slaughter.

Stacey Fuller v. State of Indiana
24A-CR-2111
Criminal. Affirms Stacey Fuller’s conviction in Marion Superior Court for Level 3 felony attempted robbery. Finds sufficient evidence supports Fuller’s conviction. Also finds Fuller’s use of force was not justified as self-defense because the confrontation with Dixon was caused by Fuller’s attempt to rob him. Attorneys for appellant: Timothy O’Connor, Talisha Griffin. Attorneys for appellee: Attorney General Todd Rokita, Deputy Attorney General Jennifer Anwarzai.

K.B. v. State of Indiana
24A-JV-2508
Juvenile. Reverses Marion Superior Court Judge Richard Blaiklock’s judgment adjudicating K.B. as a delinquent for resisting law enforcement, a Class A misdemeanor if committed by an adult. Finds there was not sufficient evidence presented to adjudicate K.B. delinquent for resisting law enforcement.  Vacates K.B.’s delinquency adjudication. Attorneys for appellant: Talisha Griffin, Lisa Johnson. Attorneys for appellee: Attorney General Todd Rokita, Deputy Attorney General Daylon Welliver.