Court opinions

Indiana Court of Appeals
Joel Barrozo v. State of Indiana
19A-CR-2037
Criminal. Vacates one of Joel Barrozo’s reckless driving convictions due to double jeopardy grounds. Remands to St. Joseph Superior Court with instructions to vacate one of those convictions and to resentence accordingly. However, affirms his remaining convictions for three counts of Level 5 felony reckless homicide, Class A misdemeanor reckless driving, and one count of Class A misdemeanor leaving the scene of an accident.

Indiana Court of Appeals
Bryan L. Flowers v. State of Indiana
19A-CR-322
Criminal. Affirms Bryan Flowers’ aggregate 85-year sentence for conviction of murder. Finds the Allen Superior Court did not abuse its discretion and that the sentence is not inappropriate based on the nature of the offense and Flowers’ character.

7^th Circuit Court of Appeals
Bruce Webster v. T. Watson
19-2683
Appeal from the United States District Court for the Southern District of Indiana, Terre Haute Division. Judge William T. Lawrence.
Civil. Affirms the Southern District Court’s decision vacating Bruce Webster’s death sentence based on a finding that he is intellectually disabled. Finds the district court’s findings contain no clear error.

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Friday:
Christopher Andre Vialva v. T. J. Watson, Warden, United States Penitentiary, Terre Haute
20-2710
Appeal from the United States District Court for the Southern District of Indiana, Terre Haute Division. Chief Judge Jane Magnus-Stinson.
Civil. Affirms the denial of petition for writ of habeas corpus sought by Christopher Andre Vialva, thereby denying his request for a stay of execution. Finds Vialva has not established even a better-than-negligible chance of prevailing in his quest for another round of collateral review.

Indiana Court of Appeals
Michaele Schon and Neal Schon v. Mike Frantz, ESG Security, Inc., Allen County War Memorial Coliseum, and Live Nation Worldwide, Inc.
20A-CT-741
Civil tort. Affirms the grant of summary judgment in Allen Superior Court in favor of Allen County War Memorial Coliseum against claims brought by Michaele and Neal Schon for an alleged injury Michaele sustained during a Journey concert. Finds the trial court did not deprive the Schons of an opportunity to conduct additional discovery, that the coliseum is a political subdivision under the Indiana Tort Claims Act and is immune from liability under the ITCA.

The following 7th Circuit opinion was posted after IL deadline Wednesday.
John Myers v. Ron Neal
19-3158
Civil. Denies rehearing and rehearing en banc. Amends the opinion to grant remand to the district court to address the two claims Myers advanced under Brady v. Maryland.

Indiana Court of Appeals
Shannon M North, et al. v. Selective Insurance Co of South Carolina
20A-PL-0063
Civil plenary. Affirms the Allen County Superior Court’s denial of Shannon and Miles Norths’ motion for partial summary judgment against Selective Insurance Co. of South Carolina. Finds the trial court did not err in granting the motion and in granting Selective’s motion for summary judgment.