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Opinions

Opinions Sept. 11, 2018

The following 7th Circuit Court of Appeals opinion was posted after Indiana Lawyer deadline Monday.
Berry Plastics Corporation v. Illinois National Insurance Company

17-1815
Appeal from the United States District Court for the Southern District of Indiana, Evansville Division. Judge Richard L. Young.
Civil. Affirms the entry of summary judgment for Illinois National on Berry Plastics’ suit seeking indemnity from a $7.2 million jury damages award to a customer to whom Berry supplied defective laminate material used in the manufacture of products that later failed. Finds Berry failed to show that some portion of the lost profits theoretically might be attributable to property damage.
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Opinions Sept. 10, 2018

Indiana Court of Appeals
Jeremy Schmitt v. State of Indiana

83A04-1711-CR-2720
Criminal. Reverses the Vermillion Circuit Court’s denial of Jeremy Schmitt’s petition to modify his 50-year sentence for Class A felony conspiracy to commit murder. Finds prosecutorial consent was not required for Schmitt’s petition filed after 2015. Also finds that petitions filed for modification do not count toward the two petitions a petitioner can file without prosecutorial consent under the 2015 amendment made to Indiana Code section 35-38-1-17. Remands for the trial court to review Schmitt’s petition based on its merits, not for abuse of discretion.
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Opinions Sept. 6, 2018

Indiana Court of Appeals
State of Indiana v. Matthew Stidham

18A02-1701-PC-68
Post-conviction. Reverses the Delaware Circuit Court’s decision to grant Matthew Stidham post-conviction relief. Finds that res judicata precludes Stidham’s claims for post-conviction relief. Also finds that that Stidham did not properly file a modification of his sentence pursuant to Ind. Code § 35-38-1-17(k) and that the post-conviction court lacked authority to modify the sentence. Judge Melissa May concurs with a separate opinion.
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Opinions Sept. 5, 2018

7th Circuit Court of Appeals
United States of America v. Daniel Stewart

16-4105
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge William T. Lawrence.
Criminal. Affirms the denial of Daniel Stewart’s motion to suppress evidence discovered in a traffic stop and a confession that led to his convictions of drug trafficking, firearm offenses and money laundering. Finds the district court did not err in the admission of evidence. Also finds there was sufficient evidence to support Stewart’s convictions.
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Opinions Sept. 4, 2018

7th Circuit Court 
Ray Haynes v. Indiana University, et al.  

17-2890
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Larry J. McKinney. 
Civil. Affirms the district court’s award of summary judgment to Indiana University. Finds the record does not support an inference that the university denied tenure because of Ray Haynes’ race.
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Opinions Aug. 31, 2018

Indiana Court of Appeals
Whitesell Precision Components, Inc. v. Autoform Tool & Manufacturing, LLC

18A-PL-848
Civil plenary. Affirms the Marion Superior Court’s refusal to dissolve a preliminary injunction compelling Whitesell Precision Components to provide automotive component parts to Autoform Tool & Manufacturing, LLC, pending resolution of the merits of litigation between the parties. Finds the trial court did not abuse its discretion in its refusal.
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Opinions Aug. 30, 2018

The following 7th Circuit Court Court of Appeals opinion was posted after IL deadline on Wednesday.
Shameca Robertson v. Allied Solutions, LLC

17-3196
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge William T. Lawrence.
Civil. Reverses the district court’s dismissal for lack of jurisdiction of Shameca Robertson’s adverse-action claim. Finds Allied Solutions, LLC failed to follow Fair Credit Reporting Act obligations when it rescinded Robertson’s job offer without furnishing her a copy of that report on which it relied. Concludes Robertson’s alleged injury is concrete and enough to support Article III standing. Remands for further proceedings.
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Opinions Aug. 29, 2018

Indiana Supreme Court
In the Matter of Trista A. Hudson

64S00-1705-DI-325
Attorney discipline. Finds Trista Hudson committed attorney misconduct by failing to disclose exculpatory evidence and by prosecuting a charge she knew was not supported by probable cause. Orders Hudson be suspended for at least 18 months without automatic reinstatement.
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