Search Results

7^th Circuit Court of Appeals
United States of America v. Dexter Fisher
18-2765
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Jane Magnus-Stinson.
Criminal. Affirms Dexter Fisher’s convictions for brandishing a firearm, the forfeiture of his firearm and his 57-year sentence. Finds no reasonable juror could have failed to find a sufficient nexus between the pistol and Fisher’s conviction for possessing a firearm as a felon, so the district court’s failure to inquire whether he would like to waive his right to a jury trial on the issue of forfeiture did not affect his substantial rights. Also finds Fisher did not object to a supervised release condition prohibiting him from purchasing, possessing, distributing, administering or using psychoactive substances, but his written and oral sentences impose terms of supervised release inconsistently, on different counts. Finally, finds Fisher’s convictions of brandishing a firearm qualify as crimes of violence. Remands with specific instructions for the district court to enter a corrected judgment that mirrors the oral sentence regarding the counts to which a term of supervised release attaches.

Indiana Tax Court
Southlake Indiana LLC v. Lake County Assessor
18T-TA-16
Tax. Reverses the Indiana Board of Tax Review’s final determination that valued Southlake Indiana LLC’s real property for each of the 2007 through 2014 tax years. Finds the board’s reliance on Lake County appraiser Mark Kenney’s market rent estimates is contrary to law, and its repudiation of Southlake appraiser Sara Coers’ percentage-of-gross-sales analysis is unsupported by substantial and reliable evidence. Remands to the board with instructions to assign the subject property a market value-in-use under the income approach that calculates the property’s net operating income each year at issue by replacing Kenney’s market rents with the market rents derived by Coers through her reconciliation of her market extraction and gross-percentage-of-sales estimations, and that applies Coers’ capitalization rates for 2010-2012 but Kenney’s capitalization rates for 2007-2009 and 2013-2014.

Indiana Court of Appeals
Daniel Tanoos v. State of Indiana
19A-CR-1086
Criminal. Affirms the denial of former Vigo County School Corporation Superintendent Daniel Tanoos’ motion to dismiss charges of one count of Class C felony bribery and two counts of Level 5 felony bribery. Finds the Marion Superior Court did not abuse its discretion when it did not dismiss his charges.

Indiana Court of Appeals
Jonathan Stanley Belcher v. State of Indiana
19A-CR-00830
Criminal. Affirms Jonathan Belcher’s guilty but mentally ill convictions for two counts of Level 3 felony aggravated battery and one count each of Class B misdemeanor battery and Class A misdemeanor resisting law enforcement, the finding that he is a habitual offender, and his aggregate 53-year-and-180-day sentence. Finds sufficient evidence that Belcher appreciated the wrongfulness of his actions. Also finds no abuse of discretion at sentencing. Finally, finds the sentence is not inappropriate given the nature of his offenses and his character.

Indiana Court of Appeals
Antonio Buford v. State of Indiana
19A-CR-956
Criminal. Vacates the Marion Superior Court’s contempt finding against Antonio Buford on double jeopardy concerns but affirms his 2 ½ – year sentence in community corrections for his conviction of domestic battery. Finds no abuse of the trial court’s discretion in its sentencing of Buford.

Indiana Court of Appeals
Robert L Williams v. Gavin H. Inglis, M.D., and St. Vincent Hospital and Health Center  
19A-CT-1438
Civil tort. Affirms the Marion Superior Court’s denial of Robert Williams’ motion to amend his complaint to add a federal claim and the trial court’s grant of partial summary judgment to St. Vincent Hospital and Health Care Center on Williams’ medical malpractice claim. Finds the trial court did not err.

Indiana Court of Appeals
Jarmone Darrell Davis v. State of Indiana
19A-CR01925
Criminal. Affirms and reverses in part Jarmone Davis’ convictions of Level 5 felony corrupt business influence, Level 2 felony conspiracy to commit dealing in a narcotic drug of 10 grams or more and Level 2 felony conspiracy to commit dealing in methamphetamine of at least 10 grams or more, and his 36-year executed sentence. Finds sufficient evidence to sustain Davis’ conspiracy convictions, and finds those convictions do not violate double jeopardy principles under the actual evidence test. However, finds inappropriate and thus reverses Davis’ consecutive sentences for his Level 2 felony conspiracy to commit dealing convictions. Remands to the Tippecanoe Superior Court to issue a new sentencing order consistent with the opinion.