Articles

Opinions Jan. 24, 2020

Indiana Court of Appeals
Stephen W. Peele v. State of Indiana
19A-CR-1775
Criminal. Reverses the dismissal of Stephen Peele’s petition for removal from the Indiana Sex Offender Registry. Finds the Marion Superior Court erred in dismissing Peele’s petition, finding Peele properly brought his petition for removal within a criminal cause in a qualifying court. Remands with instructions to the trial court to consider the merits of Peele’s petition.

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Opinions Jan. 23, 2020

The following 7th Circuit Court of Appeals opinions were posted after IL deadline Wednesday:
United States of America v. Jose Trinidad Garcia, Jr., and Alfonso Pineda-Hernandez, also known as Flaco

18-1890, 18-2261
Appeals from the United States District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Jane Magnus-Stinson
Criminal. Reverses the 20-year mandatory minimum sentence for Jose Garcia after he pleaded guilty to a drug-dealing conspiracy count, finding the predicate Indiana offense used to enhance his sentence does not qualify as a federal drug offense. Remands for resentencing. Affirms the 25-year sentence imposed on Alfonso Pineda-Hernandez after he was found guilty on two trafficking charges, finding no error in his sentencing or conviction.

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COA reverses termination of mother’s parental rights

A trial court erred in terminating a mother’s parental rights to her two minor children, finding the potential of the children’s reunification with their father and their continuing bond with their mom made the termination of their relationship with their mother not in their best interests.

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Opinions Jan. 22, 2020

Indiana Court of Appeals
First Chicago Insurance Company v. Candace Collins, et al.
19A-PL-02000
Civil plenary. Finds the Marion Superior Court did not abuse its discretion in granting Robin Dunn’s motion for relief from default judgment, as Dunn showed a meritorious defense and misconduct of an adverse party under Trial Rule 60(B)(3). Reverses the order requiring that First Chicago Insurance Company make up to $25,000 available for Dunn’s claims. Remands for proceedings.

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COA finds misconduct in insurer’s crash claim defense

A woman who sued an insurance company after she and her child were injured in a multi-vehicle crash showed a meritorious defense and misconduct of an adverse party in the case, the Indiana Court of Appeals ruled Wednesday. The appeals court sent the case back to the trial court for full consideration of her claims.

 

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Web Exclusive: Expungement wait period case awaits justices

After more than 10 years with a criminal record, an Elkhart man successfully petitioned to reduce his felony conviction to a misdemeanor. But when he tried to expunge the conviction two years later, he faced an unexpected setback. The Indiana Supreme Court will decide whether he and others in his situation must wait longer for an expungement.

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Opinions Jan. 20, 2020

The following 7th Circuit Court of Appeals opinions were posted after IL deadline Friday.
Thomas Censke v. USA
18-2695
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Tanya Walton Pratt.
Civil. Reverses the holding that Thomas Censke’s administrative complaint under the Federal Tort Claims Act was not filed until it was received and therefore untimely. Finds the prison mailbox rule applies to a prisoner’s administrative complaint under the Federal Tort Claims Act and that mail is filed upon being placed in the prison’s mail. Thus, finds Censke’s claim was timely filed.

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7th Circuit reverses Indiana prison mailbox untimeliness ruling

A federal prisoner who struggled to file an administrative complaint through the prison mail system and was denied his complaint due to untimeliness has won a reversal from the 7th Circuit Court of Appeals. The 7th Circuit concluded that the complaint was filed the moment it was placed in the prison’s mail and not upon its receipt.

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