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Opinions Feb. 5, 2014

7th Circuit Court of Appeals
Richard Wagoner v. Bruce Lemon, commissioner of the Indiana Department of Corrections, and Indiana Department of Corrections
13-3839
U.S. District Court, Northern District of Indiana, South Bend Division, Magistrate Judge Christopher A. Nuechterlein.
Civil. Affirms summary judgment in favor of the commissioner and DOC on Wagoner’s claims of violations of Section 1983 and Title II of the ADA and the Rehabilitation Act. Wagoner did not show that he was denied access to any service or program because of his disability. Stresses it is better practice to hold a Pavey hearing separate from and before considering a motion for summary judgment.

Anthem data breach already sparks class-action lawsuit

Less than 12 hours after Anthem Inc. reported hackers had stolen data on as many as 80 million current and former customers, Indianapolis attorney Irwin Levin already was preparing a class-action lawsuit against the company.

7th Circuit affirms carjacking enhancement stemming from bank robbery

The 7th Circuit Court of Appeals quickly dismissed a defendant’s argument that his sentence for bank robbery should not include a two-level sentence enhancement for carjacking because the keys to the car were obtained by rummaging through the victim’s purse and not through force or intimidation.

7th Circuit stresses holding Pavey hearing separate from summary judgment hearing

The 7th Circuit Court of Appeals affirmed summary judgment for the Indiana Department of Correction and its commissioner on a disabled inmate’s claims of violations of the Americans with Disabilities Act and the Rehabilitation Act. The judges also suggested that courts do not hold a Pavey hearing at the same time as a hearing on a motion for summary judgment.

Opinions Feb. 4, 2015 ILD

Indiana Court of Appeals
George Layton v. State of Indiana (mem. dec.)
58A05-1406-CR-292
Criminal. Affirms sentence following guilty plea to one count of Class B felony conspiracy to commit dealing methamphetamine.

Glenn Beard v. State of Indiana (mem. dec.)
49A05-1312-CR-618
Criminal. Affirms felony murder conviction.

Jason E. Morales v. State of Indiana (mem. dec.)
82A01-1405-PC-206
Post conviction. Affirms denial of petition for post-conviction relief.

Elwin Hart v. State of Indiana (mem. dec.)
49A05-1406-PC-273
Post conviction. Affirms denial of petition for post-conviction relief.

Jerome Sumlin v. State of Indiana (mem. dec.)
49A02-1406-CR-434
Criminal. Affirms convictions and sentence for Class B felonies conspiracy to commit dealing in a narcotic drug, dealing in a narcotic drug and possession of a firearm by a serious violent felon.

 

Opinions Feb. 4, 2015

Indiana Court of Appeals
Loren H. Fry v. State of Indiana
09A05-1404-CR-178
Criminal. Affirms felony murder conviction. Concludes the state properly corroborated the hearsay evidence it submitted in support of its request for a search warrant for Fry’s home, circumstantial evidence supports his conviction, there was no prosecutorial misconduct or an error by the court in denying his jury instruction on mere presence.

Court rules in favor of hospital in contract dispute

A Lake County medical center prevailed in an appeal filed by the other party in a contract to provide anesthesiology services for patients. The Indiana Court of Appeals affirmed summary judgment in favor of the hospital on several breach of contract claims.

Man’s conviction for murdering neighbor upheld

Citing a wide array of circumstantial evidence to support a Cass County man’s murder conviction in connection with his neighbor’s death, the Indiana Court of Appeals affirmed the conviction.