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Opinions: June 26, 2015 ILD

Indiana Court of Appeals
David Drummond v. State of Indiana (mem. dec.)
49A02-1408-CR-577
Criminal. Affirms denial of petition to modify sentence.

Terry L. Austin v. State of Indiana (mem. dec.)
30A04-1412-CR-589
Criminal. Affirms convictions of Class C felony bribery and Class D felony official misconduct.

White County Sheriff John Roberts, White County Commissioners, John Heimlick, Ronald Schmierer, and Steve Burton v. Chris and Connie Luthi (mem. dec.)
37A03-1501-CT-33
Civil tort. Affirms denial of White County parties’ motion for summary judgment on negligence claim.

Opinions June 26, 2015

7th Circuit Court of Appeals
Renato DeBartolo v. United States of America
14-3579
U.S. District Court, Northern District of Indiana, South Bend Division, Judge Robert L. Miller.
Reverses denial of a petition for relief from a removal order resulting in the deportation of DeBartolo to Italy. The panel held that the failure of DeBartolo’s attorney to inform him that pleading guilty to a drug charge could result in deportation proceedings was ineffective assistance of counsel.

Display celebrates Tinder’s career

In honor of 7th Circuit Court of Appeals Judge John Daniel Tinder’s retirement, a display has been installed in the main hall of the first floor of the Birch Bayh Federal Building and United States Courthouse in Indianapolis.

Appeals panel reverses expungement denial

A trial court that rejected an expungement petition because the petitioner had not been arrested on an underage drinking charge got it wrong, the Indiana Court of Appeals ruled Friday.

Judges deny sentence modifications, but for different reasons

A panel on the Indiana Court of Appeals concluded Thursday that neither of two men who petitioned in late 2013 to have their 1997 sentences modified are entitled to a modification, but the judges’ reasoning for the denials differed.

Opinions June 25, 2015 ILD

Indiana Court of Appeals
Gumwood HP Shopping Partners, L.P. v. Simon Property Group, Inc. (mem. dec.)
71A05-1408-CT-397
Civil tort. Affirms grant of Simon’s motion to dismiss and the denial of Gumwood’s motion to amend in a dispute over a lease involving Ann Taylor.

In the Matter of the Termination of the Parent-Child Relationship of: L.G. (Minor Child) and D.G. (Father) v. Indiana Department of Child Services, and Child Advocates, Inc. (mem. dec.)
49A02-1412-JT-841
Juvenile. Affirms termination of parental rights.

 

Opinions June 25, 2015

7th Circuit Court of Appeals
United States of America v. Pascal Sylla
14-2813
U.S. District Court, Southern District of Indiana, Indianapolis Division. Judge Sarah Evans Barker.
Criminal. Affirms 2013 conviction of attempted bank robbery stemming from an attempted robbery in 2003. Sylla’s DNA was matched to the crime scene in 2010, thus making his conviction not outside the statute of limitations.

7th Circuit rejects claim conviction is outside statute of limitations

The 7th Circuit Court of Appeals disagreed with a defendant who claimed the federal DNA tolling statute is unconstitutional as applied to him. The man was convicted in 2013 of attempting to rob an Anderson bank in 2003, thanks to a positive identification in 2010 using DNA collected at the crime scene.

Housing-discrimination lawsuits backed by US Supreme Court

The Supreme Court of the United States said people who file housing-discrimination lawsuits don’t have to show they were victims of intentional bias, in a blow to lenders and insurers and a surprise legal victory for the Obama administration.

SCOTUS upholds nationwide health care law subsidies

The Supreme Court of the United States on Thursday upheld the nationwide tax subsidies under President Barack Obama's health care overhaul, in a ruling that preserves health insurance for millions of Americans.