Opinions Dec. 11, 2018

Indiana Court of Appeals 
Riley M. Randall v. State of Indiana

Criminal. Affirms Riley Randall’s conviction for Level 3 felony robbery while armed with a deadly weapon. Finds the DeKalb Superior Court did not abuse its discretion in denying Randall’s proposed jury instruction on the duress defense because that defense was not available to Riley. 
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Opinions Dec. 10, 2018

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Friday:
USA v. Edward Bishop

Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Robert L. Miller Jr.
Criminal. Affirms Edward Bishop’s conviction of discharging a firearm during a drug transaction. Finds the warrant authorizing the search of his cellphone did not violate the Fourth Amendment’s requirement that every warrant “particularly describ[e] the place to be searched, and the persons or things to be seized.”
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Opinions Dec. 7, 2018

The following 7th Circuit Court of Appeals opinions were posted after IL deadline on Thursday:
Lorenzo D. Roundtree v. Jeffrey E. Krueger, United States Penitentiary, Terre Haute

Appeal from the United States District Court for the Southern District of Indiana, Terre Haute Division. Chief Judge Jane E. Magnus-Stinson.
Civil. Affirms the district court’s rejection of Lorenzo Roundtree’s attack on his life sentence for selling heroin that led to a user’s death. Finds that the 7th Circuit has recognized that Burrage v. United States cannot be used to litigate under 28 United States Code section 2241 if 18 U.S.C. 2255 could have been or was used to raise the issue, so because Roundtree unsuccessfully challenged his sentence under section 2255 in the 8th Circuit Court of Appeals, relief under section 2241 is not available in the 7th Circuit.
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Opinions Dec. 6, 2018

Indiana Court of Appeals 
Collins Asset Group, LLC v. Alkhemer Alialy

Civil collection. Affirms the Hamilton Superior Court’s dismissal Collins Asset Group, LLC’s complaint against Alkhemer Alialy. Finds that the trial court did not err in granting Alialy’s motion to dismiss. Also finds the trial court correctly concluded that CAG’s action was barred by the six-year statute of limitations pursuant to Indiana Code section 34-11-2-9.
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Opinions Dec. 5, 2018

Indiana Supreme Court
Kevin Andrew Schuler v. State of Indiana

Life without parole. Affirms the Harrison Superior Court’s conviction of Kevin Shuler for murder. Finds Shuler’s Miranda rights were not violated, there was sufficient evidence to support his 65-year sentence, and Shuler’s sentence is appropriate. Remands for a new, more specific sentencing statement consistent with Harrison v. State.
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Opinions Dec. 4, 2018

Indiana Supreme Court
Lori Barcroft v. State of Indiana

Criminal. Affirms Lori Barcroft’s conviction of guilty but mentally ill in the murder of Jaman Iseminger. Finds that evidence of Barcroft’s demeanor, taken together with the flaws in the expert opinion testimony and the absence of a well-documented history of mental illness, was sufficient to support an inference of sanity. Also finds that a factfinder may discredit expert testimony and rely instead on other probative evidence from which to infer a defendant’s sanity. Justice Christopher Goff dissents with separate opinion, which Justice Geoffrey Slaughter joins.
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Opinions Dec. 3, 2018

7th Circuit Court of Appeals
United States of America v. Robert D. Taylor

Appeal from the United States District Court for the Southern District of Indiana, New Albany Division. Judge Tanya Walton Pratt.
Criminal. Affirms Robert Taylor’s sentence of 135 months in prison for his conviction of one count of possession of child pornography. Finds the government did not breach Taylor’s plea agreement and fulfilled its obligation to advocate for a within-guidelines sentence. Also finds Taylor’s stipulations in the agreement waived his right to appeal two sentencing enhancements. Finally, finds the district court did not err in sentencing Taylor.
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Opinions Nov. 30, 2018

Indiana Court of Appeals 
James E. Jarman v. State of Indiana

Criminal. Reverses James E. Jarman’s convictions for methamphetamine, dealing in a synthetic drug or synthetic drug lookalike substance and possession of paraphernalia. Finds although Jarman signed a waiver consent to searches without a warrant or probable cause, he did not “unambiguously authorize” suspicionless searches of his person. 
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Opinions Nov. 29, 2018

Indiana Court of Appeals
Brian Harold Connor v. State of Indiana

Criminal. Reverses Brian Connor’s conviction of Class C misdemeanor operating a motor vehicle with an alcohol concentration equivalent to at least 0.08 grams of alcohol but less than 0.15 grams of alcohol per 210 liters of the person’s breath. Finds the Marion Superior Court abused its discretion in admitting Connor’s chemical breath test into evidence when an Indianapolis Metropolitan Police Department captain administered the test using a procedure not approved by the Department of Toxicology.
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Opinions Nov. 28, 2018

Indiana Court of Appeals
Anonymous Physician, Anonymous Medical Practice, Anonymous Hospital v. Michelle Kendra, as Personal Representative of the Estate of John Kendra, Deceased
Civil Tort. Reverses the Lake Superior Court’s denial of summary judgment in favor of Anonymous Physician, Anonymous Medical Practice and Anonymous Hospital. Finds Michelle Kendra’s knowledge of her father’s heart problems and suffering after he was implanted with a pacemaker was enough to trigger a duty to investigate the possibility of medical malpractice.
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