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Opinions Dec. 7, 2018

The following 7th Circuit Court of Appeals opinions were posted after IL deadline on Thursday:
Lorenzo D. Roundtree v. Jeffrey E. Krueger, United States Penitentiary, Terre Haute
14-3696
Appeal from the United States District Court for the Southern District of Indiana, Terre Haute Division. Chief Judge Jane E. Magnus-Stinson.
Civil. Affirms the district court’s rejection of Lorenzo Roundtree’s attack on his life sentence for selling heroin that led to a user’s death. Finds that the 7th Circuit has recognized that Burrage v. United States cannot be used to litigate under 28 United States Code section 2241 if 18 U.S.C. 2255 could have been or was used to raise the issue, so because Roundtree unsuccessfully challenged his sentence under section 2255 in the 8th Circuit Court of Appeals, relief under section 2241 is not available in the 7th Circuit.

COA reverses restitution for sentencing hearing lost wages

A man convicted of leaving the scene of a vehicle crash he caused will have to pay about $65 less in restitution to the other driver after the Indiana Court of Appeals determined the second driver could not claim lost wages for the time she spent at the man’s sentencing hearing.

Mother’s neglect conviction vacated under double jeopardy rule

The Indiana Court of Appeals “regrettably” reversed one of a mother’s conviction for neglect after her baby was found to have been dead for two days before being taken to the hospital, finding that one of the woman’s neglect convictions violated her right to be free from double jeopardy.

Default judgment for buyers reversed in suit against car dealer

The Indiana Court of Appeals reversed a trial court’s denial of a car dealership’s motion to set aside a default judgment for two customers when it found a dealership employee was given incorrect information about his need for representation during a hearing.

ACLU urges high court to let Indiana abortion rulings stand

The American Civil Liberties Union of Indiana and Planned Parenthood are urging the U.S. Supreme Court to let stand two decisions that stopped portions of an Indiana abortion law signed when Vice President Mike Pence was governor.

Opinions Dec. 6, 2018

Indiana Court of Appeals 
Collins Asset Group, LLC v. Alkhemer Alialy
18A-CC-1160
Civil collection. Affirms the Hamilton Superior Court’s dismissal Collins Asset Group, LLC’s complaint against Alkhemer Alialy. Finds that the trial court did not err in granting Alialy’s motion to dismiss. Also finds the trial court correctly concluded that CAG’s action was barred by the six-year statute of limitations pursuant to Indiana Code section 34-11-2-9.

Tax court affirms jurisdiction, McCordsville land assessment

The Indiana Tax Court affirmed that it had subject matter jurisdiction over a trust’s claims of an invalid annexation and storm water charges on its farmland, but ultimately found that the Indiana Board of Tax Review did not err in upholding the assessment of the land.

Munster man pleads guilty to post office pipe bomb

A man charged in a pipe bomb explosion at a northwestern Indiana post office says he was targeting an attorney who had filed a lawsuit against him. Eric Krieg of Munster pleaded guilty Tuesday to making an unregistered destructive device and other charges. 

Judge denies new trial in off-duty officer’s 1980 death

A judge has denied a request for a new trial for an alleged getaway driver convicted in the 1980 shooting death of an off-duty northwestern Indiana police officer. James Hill was sentenced to 47 years in prison in October after a jury earlier convicted him of murder in perpetuation of robbery and attempted robbery, and Judge Salvador Vasquez determined there was no need for a new trial.

Indiana midterm election turnout hit 51 percent

Voter participation in Indiana’s fall election was 51 percent, the first time since 1994 that the state topped 50 percent in a midterm election. Henry County had the highest turnout in Indiana with 64 percent of registered voters casting a ballot, while Vigo and Madison counties had the lowest turnout at 44 percent of registered voters. 

Prosecutors recommend no jail time for cooperative Flynn

President Donald Trump’s former national security adviser provided so much information to the special counsel’s Russia investigation that prosecutors say he shouldn’t do any prison time, according to a court filing that describes Michael Flynn’s cooperation as “substantial.”