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7^th Circuit Court of Appeals
Michael Dewayne Lairy v. United States of America
23-2957
Prisoner. Appeal from the United States District Court for the Southern District of Indiana, Evansville Division. Judge Richard Young. Vacates the district court’s denial of Michael Lairy’s petition for a writ of habeas corpus under 28 U.S.C. § 2255, claiming in part that he did not qualify for the Armed Career Criminal Act’s mandatory 15-year sentence and that his counsel was ineffective for failing to raise this issue. Finds the district court abused its discretion by rejecting equitable tolling without first conducting an evidentiary hearing. Remands to the district court to conduct an evidentiary hearing on equitable tolling. Attorney for appellant: Jacob Leon. Attorneys for appellee: Brian Reitz, Pamela Domash.

Indiana Court of Appeals
Tim Kinder v. Elena Kinder
24A-DN-1079
Domestic relations without children. Reverses Monroe Circuit Court Judge Emily Salzmann’s dissolution order for the marriage of Tim and Elena Kinder. Finds that while the trial court acted within its broad discretion by determining the division of some assets individually, it entered an internally inconsistent order and committed several mathematical errors in its division of the marital estate. Remands for recalculation of the division of the estate in a manner not inconsistent with this opinion. Attorney for appellant: Kendra Gjerdingen. Attorney for appellee: Glen Koch II.

7^th Circuit Court of Appeals
United States of America v. Brian Fenner and Dennis Birkley
23-2177 & 24-1089
Criminal. Appeals from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Richard Young. Affirms the district court’s sentencing of Brian Fenner and Dennis Birkley to 70 months and 60 months in prison, respectively, and the court’s order to pay $49,045.84 in restitution jointly and severally. Finds the district did not abuse its discretion in the evidentiary rulings it was asked to make. Also finds the district court did not make multiple errors at trial and rejects Fenner and Birkley’s cumulative error argument. Attorneys for appellants: Eric Nitz, Joshua Moudy, Walter Howes IV. Attorneys for appellee: Kathyrn Olivier, Brian Reitz.