Court opinions

Richard Jefferson Deibel v. Larry Hoeg, Aaron Hoeg, and Roger Steffen
20-3378
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Tanya Walton Pratt. Civil. Affirms the dismissal of Richard Jefferson Deibel’s suit contending his settlement with Larry Hoeg and Roger Steffen allowed him to retain his shares in his former company Hy-Pro Corp. Finds Deibel’s suit was untimely and is not saved by a continuing wrong.

7^th Circuit Court of Appeals

Jay R. Thompson v. Frank Vanihel
20-2571
Appeal from the United States District Court for the Southern District of Indiana, Terre Haute Division. Judge James R. Sweeney II.

Civil. Affirms the dismissal of Jay Thompson’s petition for writ of habeas corpus alleging ineffective assistance of counsel. Finds counsel’s alleged legal errors did not prejudice Thompson.

Indiana Court of Appeals

Jeromy D. Hurd v. State of Indiana (mem. dec.)
20A-CR-1671
Criminal. Reverses Jeromy D. Hurd’s conviction for theft but affirms his convictions for dealing in methamphetamine and dealing in marijuana. Finds the state provided insufficient evidence to support Hurd’s conviction of theft but provided sufficient evidence that Hurd possessed meth and marijuana. Also finds that any error in the admission of messages received by Hurd’s phone was harmless. Remands.

Indiana Court of Appeals
James L. Mosley v. State of Indiana
20A-CR-02094
Criminal. Reverses the Ripley Circuit Court’s revocation of three years of James L. Mosley’s probation for his conviction of fraud, as well as its order that he spend those years in prison. Finds a no-contact order cannot be issued to protect a dead person and that Mosley’s probation cannot be revoked based on violation of that void order.

Indiana Court of Appeals
Paul M. Robey v. State of Indiana
20A-CR-2187
Criminal. Affirms Paul M. Robey’s conviction of Class 4 felony child molesting. Finds the video of the victim’s forensic interview was merely cumulative of B.B.’s testimony, so any error in publishing it was harmless.

Indiana Court of Appeals
Donnie Louis Sawyer v. State of Indiana
20A-CR-1446
Criminal. Reverses the order denying Donnie Louis Sawyer’s petition for depositions of two minors alleged to be victims of child molesting by Sawyer. Finds Indiana Code § 35-40-5-11.5 conflicts with the Indiana Trial Rules 26 and 30, so the provisions of the Trial Rules govern.

Indiana Court of Appeals

Shawn Lacey v. State of Indiana (mem. dec.)
20A-CR-1689
Criminal. Affirms Shawn Lacey’s conviction of Level 5 felony battery. Finds the evidence is sufficient.

Express Scripts Incorporated v. Department of State Revenue
19T-TA-18
Tax. Denies the Indiana Department of State Revenue’s motion for partial summary judgment and grants summary judgment to Express Scripts on the issue of whether Express Scripts receives its Indiana income from the retail sale of prescription drugs or from the provision of services. Finds Express Scripts receives its Indiana income from the latter. Remands the matter to the department for action consistent with the opinion.

7^th Circuit Court of Appeals

USA v. Ethel Shelton
19-3388
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Senior Judge Joseph S. Van Bokkelen.

Criminal. Reverses and remands Ethel Shelton’s conviction for conspiracy to commit wire fraud and conspiracy to commit honest services wire fraud. Finds that the district court erred when it found that Shelton lacked any reasonable expectation of privacy in her office. Finds Stafford Garbutt’s document collection violated Shelton’s Fourth Amendment rights. Finds the warrant would not have been issued in the absence of the information gathered as a result of the unlawful searches. Thus, the district court should have suppressed the evidence obtained from the search authorized by that warrant, and granted Shelton’s motion for a mistrial.

Soraida Flores v. City of South Bend
20-1603
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Judge James T. Moody.
Civil. Reverses the Northern Indiana District Court’s dismissal of Soraida Flores’s lawsuit against former South Bend police officer Justin Gorny and the City of South Bend as personal representative of deceased Erica Flores. Although the district court concluded Gorny did not violate the motorist’s constitutional rights, the 7^th Circuit finds that Flores’s allegations plausibly state claims against both defendants, and she is therefore entitled to proceed with her case. Remands for further proceedings. Circuit Judge Michael B. Brennan writes separately in concurrence.

The following 7^th Circuit Court of Appeals opinion was posted after IL deadline on Monday:
Katherine Black v. Cherie Wrigley
20-2656
Civil. Affirms a jury’s verdict against Katherine Black in her defamation dispute with Cherie Wrigley and denies her request for a new trial based on her assertions that the Northern District Court of Illinois erred in several ways. Finds no errors warrant a reversal of the jury’s verdict.