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Opinions June 14, 2019

Indiana Court of Appeals
Flatrock River Lodge v. Morris Stout and Tonia Sue Stout

18A-CC-1919
Civil Collection. Reverses the Rush Circuit Court’s order denying Flatrock’s motion to execute its judgment lien on Morris Stout’s interest in 46 acres of real estate previously owned by second-generation owner Stout and third-generation owner Tonia, as joint tenants with right of survivorship. Finds that the appeal is not mooted by Morris’ death and that the real estate is not exempt from execution on the judgment lien.
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Opinions June 13, 2019

Indiana Court of Appeals
Bryce A. Burton v. Martin Benner and Indiana State Police

19A-CT-135
Civil tort. Reverses the Benton Circuit Court’s grant of partial summary judgment in favor of Indiana State Police Trooper Martin Benner in Bryce A. Burton’s lawsuit arising from a personal injury motorcycle crash. Finds the trial court erred by finding as a matter of law that Benner was acting within the scope of his employment at the time of the crash. Remands for proceedings.
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Opinions June 12, 2019

Indiana Court of Appeals
Cody A. Stinson v. State of Indiana
18A-CR-2925
Criminal. Affirms Cody Stinson’s conviction of Level 1 felony attempted murder, Level 5 felony battery with a deadly weapon and his adjudication as a habitual offender. Finds the Allen Superior Court did not abuse its discretion in admitting statements under the excited utterance exception to the rule against hearsay. Also finds the trial court did not abuse its discretion when it allowed the state to ask the victim leading questions during direct examination.
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Opinions June 11, 2019

Indiana Court of Appeals 
Levon E. Coleman v. State of Indiana (mem. dec.)

18A-CR-2784
Criminal. Affirms Levon Coleman’s convictions of three counts of Level 6 felony fraud. Finds the Hamilton Superior Court did not abuse its discretion when it denied Coleman’s motion for a mistrial. Also finds there is sufficient evidence to support the conviction. 
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Opinions June 10, 2019

Indiana Court of Appeals
Charles E. Bayne III v. State of Indiana (mem. dec.)

18A-CR-1290
Criminal. Affirms Charles E. Bayne III’s conviction of Level 2 felony voluntary manslaughter. Finds there is sufficient evidence to support Bayne’s conviction and to negate his claim of self-defense. Finds that even if the Lake Superior Court erroneously believed that Bayne’s firearm enhancement was non-suspendible, the same sentence would be imposed even if it believed that the enhancement was suspendible.
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Opinions June 7, 2019

7th Circuit Court of Appeals 
United States of America v. Charles D. St. Clair
18-1933
Appeal from the U.S. District Court for the Northern District of Indiana, Fort Wayne Division. Chief Judge Theresa L. Springmann. 
Criminal. Affirms Charles St. Clair’s sentence that included 17 discretionary conditions placed on his supervised release. Finds St. Clair waived his right to challenge because he told the district court at his revocation hearing that he had received prior notice of the proposed conditions and discussed them with his counsel, and that he had no objections or questions about the conditions. 

 


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Opinions June 6, 2019

The following 7th Circuit Court opinions were posted after IL deadline Wednesday.
USA v. John Buncich
18-1216
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Judge James T. Moody.
Criminal. Reverses former Lake County Sheriff John Buncich’s convictions for three counts of wire fraud, but affirms two counts. Finds the Northern District Court’s error in the admission of the Rule 404(b) evidence is harmless. Remands for resentencing.
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Opinions June 5, 2019

The following opinions were posted after IL deadline Tuesday
7th Circuit Court of Appeals
Paula Casillas v. Madison Avenue Associates, Inc
17-3162
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge William T. Lawrence.
Civil. Affirms the Southern District Court’s dismissal of Paula Casillas’ proposed class action alleging that Madison Avenue Associates, Inc. violated the Fair Debt Collection Practices Act by failing to inform Casillas that she must communicate in writing to trigger the statutory protections for verifying a debt. Finds that because Madison’s violation of the statute did not harm Casillas, no injury exists for a federal court to redress. Chief Judge Diane Wood and Circuit Judges Ilana Rovner and David Hamilton dissent from the denial of en banc rehearing of the ruling that creates a circuit split in conflict with a 6th Circuit ruling.
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Opinions June 4, 2019

The following opinions were posted after IL deadline Monday.
7th Circuit Court of Appeals
Common Cause Indiana et al. v. Marion County Election Board

18-2735
Appeal from the U.S. District Court for the Southern District of Indiana, Indianapolis Division. Judge Sarah Evans Barker.
Civil. Vacates the consent decree that expanded the number of in-person early voting sites in Marion County. Finds both sides sought the same relief, a vacatur of the consent decree, after a shift in the county’s voting scheme replaced the precinct-based structure with a voting center plan. Remands to the district court with instructions to dismiss the case.  


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Opinions June 3, 2019

Indiana Supreme Court
State of Indiana v. Ernesto Ruiz

19S-CR-336
Criminal. Grants transfer and affirms the grant of Ernesto Ruiz’s motion to suppress statements he made to police before being provided with his Miranda warnings. Finds there is substantial, probative evidence that Ruiz was in custody. Justice Mark Massa concurs in result without separate opinion. Justice Geoffrey Slaughter dissents, believing transfer should be denied, without separate opinion.
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