Opinions Nov. 8, 2022

Keywords Opinions

The following 7th Circuit Court of Appeals opinion was posted after IL deadline on Monday:
United States of America v. Antwain Moore
21-2485
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Richard L. Young.
Criminal. Vacates Antwain Moore’s 10-year sentence after pleading guilty to seven counts of violating 21 U.S.C. § 841(a)(1), including one count based on 55.6 grams of methamphetamine found in Moore’s home. Finds the “some evidence” standard is not a demanding one, and the district court erred when it determined the government had established the drug purity level on a preponderance of the evidence. Also finds the district court should’ve considered the affidavit submitted by Moore by an independent chemist. Finally, finds the chemist’s affidavit did not purport to resolve conclusively the accuracy of the DEA test results, but it raised a fair question about them. Remands for resentencing. Judge Thomas Kirsch dissents with separate opinion.

The following Indiana Tax Court opinion was posted on Friday:
Gold Coast Rand Development Corp. v. Lake County Assessor
22T-TA-10
Tax. Affirms the Indiana Board of Tax Review’s final determinations that upheld the 2017 tax assessments of Gold Coast Rand Development Corp.’s five residential properties. Finds Gold Coast has not demonstrated that any of the Indiana board’s five determinations are erroneous.

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