Opinions Nov. 9, 2022

Keywords Opinions

The following 7th Circuit Court of Appeals opinion was posted after IL deadline on Tuesday:
Dulce M. Zaragoza v. Merrick B. Garland, Attorney General of the United States
19-3437 & 20-1591
Petitions for Review of Orders of the Board of Immigration Appeals.
Immigration. Grants petitions for review and remands the Board of Immigration Appeals’ rulings that Dulce M. Zaragoza’s neglect-of-a-dependent offense is categorically a crime involving moral turpitude and that modification of her sentence was not effective to establish her eligibility for the petty-offense exception. Finds the phrase “crime involving moral turpitude” is not unconstitutionally vague. Also finds the application of Matter of Thomas & Thompson, 27 I. & N. Dec. 674, 690 (Att’y Gen 2019), to Zaragoza’s case would work a manifest injustice. Remands for further proceedings.

 Wednesday opinions
Court of Appeals of Indiana
Lake Ridge School Corporation and School City of Hammond, West Lafayette Community School Corporation v. Eric Holcomb, in his official capacity as Governor of the State of Indiana; Indiana State Board of Education; Indiana Department of Education; and Todd Rokita, in his official capacity as Attorney General of the State of Indiana
22A-PL-423
Civil plenary. Affirms the Lake Superior Court’s grant of summary judgment to defendants Eric Holcomb, in his official capacity as governor of the state of Indiana; the Indiana State Board of Education; that Indiana Department of Education; and Todd Rokita, in his official capacity as attorney general of the state of Indiana in a dispute with Lake Ridge School Corporation, School City of Hammond and West Lafayette Community School Corporation. Finds the school corporations, as political subdivisions, cannot assert takings claims against the state defendants in their efforts to maintain control of closed public-school buildings.

Jamaica Harris v. State of Indiana (mem. dec.)
22A-CR-701
Criminal. Affirms Jamaica Harris’ convictions of Class A misdemeanor domestic battery and Class B misdemeanor criminal mischief. Finds the state presented sufficient evidence to rebut Harris’ claim of self-defense and, thus, convict her of Class A misdemeanor domestic battery. Also finds the state presented sufficient evidence to convict Harris of Class B misdemeanor criminal mischief.

William J. Burns v. State of Indiana (mem. dec.)
22A-CR-787
Criminal. Affirms William J. Burns’ conviction of Class A misdemeanor criminal conversion. Finds evidence of probative value exists from which a reasonable trier of fact could find Burns guilty beyond a reasonable doubt.

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