A man’s permission to build a concrete wall on his northern Indiana lakefront property has been halted now that the Indiana Court of Appeals has reversed a trial court’s reversal of his denied application.
A Fort Wayne car dealership lost its appeal of a small-claims case against a woman who won a judgment arguing the dealership fraudulently sold her a car and forged her signature on transaction documents related to the sale.
A bipolar woman’s application for disability benefits will be reconsidered after the 7th Circuit Court of Appeals concluded an administrative law judge failed to consider her treating psychiatrist’s opinions in its denial.
The following 7th Circuit Court opinion was posted after IL deadline Tuesday.
USA v. Douglas Jackson
15-3693
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Robert L. Miller, Jr.
Criminal. Vacates Douglas Jackson’s and Antwon Jenkins’ conviction of using or carrying a firearm to commit a federal crime of violence and remands for resentencing. Finds §924(c)(3)(B) is unconstitutionally vague pursuant to the United States Supreme Court’s ruling in light of its decision in Sessions v. Dimaya, 138 S. Ct. 1204 (2018).
A military veteran ordered to pay his ex-wife lost pension benefits after he opted to receive combat-related service compensation has lost his appeal of a partial denial of his motion to vacate judgment.
A man who was convicted of domestic battery after being denied his request for a public defender has failed to convince the Indiana Court of Appeals that his 11th-hour request for counsel should have been granted.
A woman’s conviction for dealing meth were upheld after the Indiana Court of Appeals found no issue with comments made by the Franklin County prosecutor in response to allegations of forum shopping raised by defense counsel.
Deficiencies in a pro se prisoner’s appellate filings have once again prevented the Indiana Court of Appeals from considering the man’s argument against an unfavorable trial court judgment.
The 7th Circuit Court of Appeals will stick with its initial decision to vacate and remand two men’s sentences after the United States Supreme Court concluded that the definition of “crime of violence” in 18 U.S.C. § 924(c)(3)(B) was unconstitutionally vague.
Indiana Court of Appeals
Randy Rogers v. State of Indiana
18A-CR-3023
Criminal. Affirms Randy Rogers’ conviction in Marion Superior Court of Class A misdemeanor invasion of privacy, finding that text messages sent for his phone to his victim were properly admitted as evidence in his bench trial.
The following 7th Circuit Court opinions were posted after IL deadline Friday.
Damon Stepp v. Covance, Inc.
18-3292
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Senior Judge Sarah Evans Barker.
Civil. Vacates the entry of summary judgement in favor of Covance, Inc. against Damon Stepp in his retaliation and discrimination lawsuit. Finds a reasonable jury could conclude that Covance refused to promote Stepp to permanent status because of his complaints. Remands.
Although sympathetic toward a couple who bought an RV riddled with problems, the 7th Circuit Court of Appeals affirmed an award of judgment for the RV’s manufacturer after finding no breach of the warranty or its provisions.
The 7th Circuit Court of Appeals has reinstated a man’s lawsuit alleging his former employer refused to hire him permanently in retaliation of prior discriminatory complaints he filed.
Indiana Court of Appeals
Samantha L. Lotaki v. State of Indiana (mem. dec.)
19A-CR-376
Criminal. Affirms Samantha Lotaki’s conviction of Class B Misdemeanor disorderly conduct. Finds there is sufficient evidence to support her conviction in St. Joseph Superior Court. Judge Patricia Riley concurs in result with separate opinion.
Indiana Court of Appeals
Steve Snyder, as Personal Representative of the Estate of Kimberly Snyder, Deceased v. Prompt Medical Transportation, Inc.; Humana Insurance Company; and St. Joseph Regional Medical Center
18A-CT-03112
Civil tort. Affirms the St. Joseph County Superior Court’s dismissal of wrongful death claims brought against Humana by Steve Snyder, as personal representative of Kimberly Snyder’s estate, and the court’s award of summary judgment for St. Joseph Regional Medical Center and Prompt Medical Transportation, Inc. Finds the trial court did not err by striking the affidavits of the estate’s untimely disclosed expert witnesses. Also finds no genuine issue of material fact existed with respect to the element of causation and that the estate’s claims against Humana Insurance Company are pre-empted by federal law governing Medicare Part C.
A man who followed a woman by car from Valparaiso to Warsaw has lost an appeal of his conviction and sentence for stalking. The Indiana Court of Appeals rejected his right-to-travel jury instruction arguments as well as his challenge to the evidence against him.
Judgments in favor of a hospital, insurance company and ambulance provider were affirmed Thursday in a wrongful death suit brought by a cystic fibrosis patient’s late husband. The woman died from pneumonia after a prolonged ambulance ride toward a lung transplant that ended up at the wrong hospital.
A man convicted of possessing several grams of meth has lost his appeal to suppress evidence found at his fast food workplace after an anonymous caller alerted authorities. But a concurring judge used the case to “state the obvious” and remind Hoosiers of their right not to talk to police in similar circumstances.
Indiana Court of Appeals
Pedro Rayo Zagal v. State of Indiana
19A-PC-694
Post-conviction. Affirms the denial of Pedro Rayo Zagal’s post-conviction relief petition by Elkhart Superior Court for ineffective counsel. Finds Zagal read and signed the advisement of rights and penalties at his initial hearing, which included the provision that if he was convicted of a crime as an illegal alien, he could be deported. Also finds that under Indiana Supreme Court precedent, the trial attorney did not have to separately advise Zagal of the immigration consequences.
An Elkhart County man who pleaded guilty to drug charges but successfully met certain conditions to avoid a felony conviction is still facing deportation after the Indiana Court of Appeals found his initials on the advisement were enough to indicate he understood the immigration consequences.