Articles

COA: Dealing statute not unconstitutionally vague

A Huntington County man who called the local sheriff and said he “was strung out on meth and to come get him and take it all out of his house,” unsuccessfully argued before the Indiana Court of Appeals that the statute under which he was convicted was unconstitutionally vague.

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Opinions Dec. 18, 2019

7th Circuit Court of Appeals
Timothy Johnson v. Michael Rogers
19-1366
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Jane Magnus Stinson.
Civil. Affirms the Southern District Court’s finding that police officer Michael Rogers is entitled to qualified immunity. Finds Rogers did not kick Timothy Johnson or otherwise harm him after he was on the ground and that Rogers used his legs to undermine Johnson’s balance and force him down. Also finds Johnson was not under control at the time of the incident and that Rogers’ act was an attempt to regain control.

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Opinions Dec. 12, 2019

Indiana Court of Appeals
Muir Woods Section One Assn., Inc., et al. v. Marion County Treasurer, et al.
18A-CC-02643
Civil collection. Affirms the Marion County Assessor, Treasurer, and Auditor’s motion for dismissal for lack of subject matter jurisdiction against Muir Woods Section One Association and Nantucket Bay Homeowners Association. Finds the Marion Superior Court lacks subject matter jurisdiction to order the Treasurer to issue refunds to the homeowners associations for overpayment of taxes.

 

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