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Indiana Court of Appeals
Lauren Cupp v. State of Indiana
24A-CR-2333
Criminal. Affirms Lauren Cupp’s convictions in Boone Circuit Court of of two counts of resisting law enforcement—one count for each officer she resisted—and two counts of felony neglect of a dependent. Also affirms the trial court’s imposition of a sentence enhancement based on Cupp’s use of a firearm during her resistance of the second officer. Finds the evidence was sufficient to support Cupp’s conviction for resisting Officer Thomas because a reasonable jury could conclude that he visibly identified himself as police, that Cupp understood she was ordered to stop, and that she fled anyways. Also finds Cupp’s double jeopardy claim fails because she committed two distinct acts of resistance. Finally, finds Officer Thomas qualifies as a “police officer” under the Enhancement Statute despite being employed by a town rather than a city. Judge Melissa May dissents in part, concurs in result in part, and concurs in full in part with a separate opinion. Attorney for appellant: Riley Parr. Attorneys for appellee: Attorney General Todd Rokita, Daylon Welliver.

7^th Circuit Court of Appeals
United States of America v. Steven J. Heck
23-2384
Criminal. Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Chief Judge Holly Brady. Affirms Steven Heck’s convictions and sentence of life imprisonment in district court for distributing methamphetamine during the controlled buys, operating his home for the purpose of distributing a controlled substance, possessing methamphetamine and fentanyl with intent to distribute and possessing a firearm and possessing a firearm while a felon. Finds the district court had little trouble concluding that Hecke credibly threatened violence in order to invoke fear in the recipients and ensure their compliance. Also finds the district court did not clearly err when finding that Hecke had directed at least one other person in the drug trafficking operation. Attorneys for appellant: Stanley Campbell, Michael Rayfield, Robert McClendon. Attorneys for appellee: David Hollar, Nathaniel Whalen.

7^th Circuit Court of Appeals

Chicago Wine Co., et al. v. Mike Braun, Governor of Indiana; Theodore Rokita, Attorney General of Indiana; and Jessica Allen, Chairwoman of the Indiana Alcohol and Tobacco Commission
21-2068
Civil. Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Tanya Walton Pratt.  Affirms the district court’s summary judgment order for Indiana state officials after Chicago Wine Company sued the state over a law that prevent retailers of alcoholic beverages located outside the state from shipping wine to Indiana consumers. Finds Indiana’s retail-premises requirement does not discriminate by either the source of the beverages or the state citizenship of the proprietor. Also finds Chicago Wine has not come forward with sufficient evidence to demonstrate that the common carrier ban imposes such a heavy burden on interstate commerce as to overcome the state’s legitimate interest in combatting underage drinking. Judge Frank Easterbrook and Judge Michael Scudder concur with separate opinions. Attorneys for appellants: James Tanford, Robert Epstein, James Porter II. Attorneys for appellees: John Herriman, Aaron Craft, Jefferson Garn, Michael Maxwell Jr., Benjamin Jones.