The following 7th Circuit Court of Appeals opinion was posted after IL deadline Monday.
Tyrus McNair v. USA
18-2541
Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Judge William Lee.
Civil. Affirms the Northern District Court’s denial of Tyrus McNair’s request for resentencing. Finds that McNair did not act diligently in making his request for relief.
The 7th Circuit Court of Appeals has affirmed the denial of a man’s claim that he is entitled to resentencing, concluding that his request was much too late.
The following 7th Circuit Court opinion was posted after IL Deadline on Friday.
USA v. Jerry J. Jones
19-1644
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Richard Young.
Criminal. Vacates Jerry Jones’ revised 840-month sentence for conviction of two carjackings, an armed bank robbery, and using firearms during those crimes of violence. Finds that the U.S. District Court for the Southern District of Indiana did not sufficiently justify the extent of its deviation from Jones’ effective guidelines range of 348–390 months. Remands for resentencing.
The Indiana Court of Appeals has affirmed a jury’s verdict in a car accident dispute, finding the driver determined most at fault has waived his claims of error.
A man convicted of burning his girlfriend’s child could not convince the Indiana Court of Appeals on Monday that his several convictions of battery subjected him to double jeopardy.
The Supreme Court on Monday preserved an important tool used by securities regulators to recoup ill-gotten gains in fraud cases.
Indiana Court of Appeals
Reanna Lopez-Smith v. State of Indiana (mem. dec.)
19A-CR-3018
Criminal. Affirms Reanna Lopez-Smith’s convictions in Marion Superior Court of Class A misdemeanor resisting law enforcement and Class B misdemeanor disorderly conduct. The state presented sufficient evidence to negate her affirmative defense of protected political speech.
Companies sued by residents who claim their former housing complex in East Chicago was polluted by toxins including lead and arsenic prevailed in their bid to have the case heard in federal rather than state court. In doing so, the 7th Circuit Court of Appeals also eased the standard for when a defendant may assert a defense of acting under federal authority.
Indiana Court of Appeals
Clark-Floyd Landfill, LLC v. Ricky Gonzalez, Yvonne Gonzalez, Robert Scoles, and Tamara Scoles, on Behalf of Themselves and All Others Similarly Situated
19A-CT-2680
Civil tort. Affirms the Clark Circuit Court’s certification of Ricky Gonzalez, Yvonne Gonzales, Robert Scoles, and Tamara Scoles’ complaint against Clark Floyd Landfill, LLC as a class action. Finds, among other things, that the trial court did not apply an incorrect legal standard in determining whether to certify the class action. Also finds the trial court’s adoption of the Homeowners’ class definition is supported by substantial evidence.
The United States Supreme Court on Thursday rejected President Donald Trump’s effort to end legal protections for 650,000 young immigrants, a stunning rebuke to the president in the midst of his reelection campaign.
Valonte Deshoun Smith v. State of Indiana (mem. dec.)
19A-CR-2333
Criminal. Affirms Valonte Smith’s aggregate 12-year sentence for conviction of Level 3 felony rape. Finds the Madison Circuit Court did not abuse its discretion in denying admission of certain evidence. Finds Smith has failed to meet his burden that the deputy prosecutor committed misconduct and that the trial court did not abuse its discretion in instructing the jury. Also finds sufficient evidence to support the conviction, that Smith did not receive ineffective assistance of counsel and that his sentence is not inappropriate.
A panel of the Indiana Court of Appeals has vacated an order requiring a man to pay more than $300 in probation fees after concluding that it was erroneous for the trial court to accept, post-sentencing, the imposition of such fees based on a probation department memo.
A woman who was found driving in violation of the lifetime forfeiture of her driver’s license could not convince the Indiana Court of Appeals on Wednesday that her sentence was inappropriate.
Supreme Court watchers were left scratching their heads when they learned Justice Neil Gorsuch was the author of Monday’s landmark LGBT rights ruling, but not because the appointee of President Donald Trump might have been expected to side with his conservative colleagues in dissent.
Indiana Court of Appeals
Mary Eve Kassen Moriarty v. Cathereine C. Moriarty, et al.
19A-PL-02342
Civil plenary. Affirms the Hamilton Superior Court’s order entering judgment in favor of daughters Catherine C. Moriarty and Paula A. Bowers against Mary Eve Kassen Moriarty on their claim to reject the probate of the purported last will and testament of William J. Moriarty on the basis of lack of testamentary capacity and/or undue influence and on their claim of tortious interference with inheritance. Finds the trial court did not abuse its discretion by permitting the daughters to reopen their case-in-chief. Finds the trial court’s legal conclusions that the purported will is invalid and its conclusions regarding tortious interference with inheritance are not clearly erroneous.
Two daughters who claimed their father was of unsound mind when he executed a purported will and that his new wife tortiously interfered with their inheritance won a judgment against her from the Indiana Court of Appeals.
After a federal court ruling that terminated Indiana Attorney General Curtis Hill as a defendant in their lawsuit, the four women who accuse Hill of sexual misconduct say they will “continue their pursuit of all available civil claims” against the AG.
Continuing its fight over parentage, Indiana has petitioned the U.S. Supreme Court to review the appellate court ruling that allowed non-birth mothers in a same-sex marriage to be listed as parents on their children’s birth certificates.
Indiana Supreme Court
In The Matter of Steven T Fulk
19S-DI-00277
Attorney discipline. Disbars Indianapolis attorney Steven Fulk effective immediately after finding that he committed attorney misconduct by neglecting a client’s case, converting an employee’s tax withholdings for his personal use, and failing to cooperate with the disciplinary process.
The Supreme Court of the United States ruled Monday that a landmark civil rights law protects gay, lesbian and transgender people from discrimination in employment, a resounding victory for LGBT rights from a conservative court.