A debate over a federal criminal procedure rule and a restitution order did not sway a 7th Circuit Court of Appeals panel, which upheld a man’s conviction and sentence for child pornography.
The following 7th Circuit Court of Appeals opinion was posted after IL deadline Thursday:
United States of America v. Adonnis Carswell
20-1036
Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Judge Holly A. Brady.
Criminal. Affirms Adonnis Carswell’s convictions of four drug and firearm offenses, including possession of heroin with intent to distribute. Finds that the judge who issued the search warrant intended for Carswell’s home had a reasonable basis for thinking evidence of drug and firearm crimes was likely to be found there. Also finds the prosecution’s closing arguments were not improper, did not make Carswell’s trial unfair and did not deny him due process of law.
Indiana Court of Appeals
Juventino V. Ramirez v. State of Indiana (mem. dec.)
20A-CR-1982
Criminal. Affirms Juventino V. Ramirez’s conviction of Level 4 felony child molesting. Finds the Allen Superior Court’s rulings on Ramirez’s discovery requests were not an abuse of discretion, nor did they violate his constitutional rights. Also finds the trial court did not abuse its discretion when it denied Ramirez’s motion for a continuance, did not allow him to make an offer of proof of a recording of a forensic interview, allowed a witness to give vouching testimony or in instructing the jury. Finally, finds that even if the trial court abused its discretion in allowing vouching testimony or hearsay, the error was harmless.
The Indiana Supreme Court has declined to hear an appeal from a tax trade publication that sought disclosure of tax dollars and incentives Indianapolis and the state offered Amazon in the city’s failed attempt to lure the online retail giant’s coveted second headquarters project known as HQ2.
The following Indiana Supreme Court opinion was posted after IL deadline Tuesday:
Zachariah Brian Wright v. State of Indiana
20S-LW-260
Life without parole. Affirms the denial of Zachariah Brian Wright’s request to self-represent, and his sentence of life without the possibility of parole plus 18 years for his convictions of murder, Level 3 felony criminal confinement, Level 6 felony theft, Level 5 felony burglary and Level 2 felony attempted burglary. Finds that Wright’s waiver of the right to counsel was knowing and voluntary, but because his waiver was neither unequivocal nor intelligent, the Boone Superior Court properly denied his request. Also finds Wright’s sentence was not inappropriate in light of the nature of his offenses or his character. Remands for the correction of a minor oversight in the sentencing order. Justice Mark Massa concurs in result with separate opinion. Justice Geoffrey Slaughter dissents with separate opinion.
A man convicted of dealing meth based largely on text messages failed to convince the Indiana Court of Appeals that the messages were improperly admitted at his trial.
A Boone County murder defendant convicted and sentenced to life without parole failed to convince a majority of the Indiana Supreme Court that the trial court improperly denied his request to proceed pro se. The majority provided an analysis for considering pro se requests in capital and LWOP sentences, but minority justices raised concerns about the majority “till(ing) new constitutional soil.”
Indiana Court of Appeals
National Collegiate Athletic Association v. Jennifer Finnerty, Individually and as Personal Representative of the Estate of Cullen Finnerty, and Carol Anderson, Individually, and as Personal Representative of the Estate of Neal Anderson, and Maura Solonoski, Individually, and as Attorney-In-Fact for Andrew Solonoski Jr.
20A-CT-1069
Civil tort. Dismisses the NCAA’s appeal of the denial of its protective order to quash the depositions of Mark Emmert, Donald Remy and Dr. Brian Hainline. Finds the NCAA’s repetitive motion for a protective order/motion to reconsider did not extend the time for an interlocutory appeal of the Marion Superior Court’s denial, so the appeal is untimely. Also finds there are no extraordinarily compelling reasons to consider the merits of the appeal. Judge Elizabeth Tavitas dissents with separate opinion.
Indemnity claims brought by one health care provider against another are subject to the Indiana Medical Malpractice Act, the Indiana Court of Appeals ruled Tuesday, finding the language of the MMA is not limited to claims brought by patients or their representatives. The court issued its ruling in a case involving a dispute between a hospital and independent radiologists.
Indianapolis-based NCAA’s appeal seeking to bar depositions of key executives in a concussion-injury lawsuit filed by the estates of former college football players was dismissed Tuesday. A divided Indiana Court of Appeals panel found the appeal untimely.
The United States Supreme Court waited exactly three years to reject the appeal petition of a defendant sentenced to life without parole for a murder he committed near Ball State University 27 years ago when he was 17.
Default judgment against a man claiming to be the victim of identity theft in a criminal case was properly set aside, the Indiana Court of Appeals ruled Monday. The court held that the man was not required to provide a factual basis for his defense in the initial stages of the proceeding.
Indiana Court of Appeals
Service Steel Warehouse Co., L.P. v. United States Steel Corp.
20A-CC-1643
Civil collection. Reverses the entry of partial summary judgment in favor of United States Steel Corp. on Service Steel Warehouse Co.’s mechanic’s lien foreclosure claim. Finds Indiana’s mechanic’s lien statute does not require on-site labor for subcontractor status, and the essential feature making one a subcontractor, rather than a material supplier, is the performance of a definite and substantial portion of the project’s prime contract. Also finds Service Steel’s mechanic’s lien is not barred by the supplier-to-supplier prohibition. Finally, finds the Lake Superior Court erred in granting summary judgment on favor of U.S. Steel. Remands for further proceedings.
7th Circuit Court of Appeals
USA v. David Gibson and Jerry Harris
20-1236 & 20-2234
Appeals from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Jon E. DeGuilio.
Criminal. Affirms the Northern District Court’s denial of Jerry Harris and David Gibson’s motion to suppress evidence collected from cellphone tracking that revealed a heroin drug-trafficking scheme, as well as their respective sentences for conviction of conspiring to distribute one kilogram or more of heroin.
An unusual coalition of Supreme Court justices joined Thursday to rule in favor of an immigrant fighting deportation in a case that the court said turned on the meaning of the shortest word, “a.”
Indiana Court of Appeals
Nancy S. Allsup v. Josie Swalls-Thompson
20A-MI-2333
Miscellaneous. Affirms the denial of a post-election contest petition filed by Nancy S. Allsup, the incumbent candidate for the office of Vigo County treasurer, against the winning candidate, Jose Swalls-Thompson. Finds the Vigo Circuit Court’s findings support its conclusion that “the evidence is undisputed that Swalls-Thompson moved back to Vigo County after her marriage in August 2017 and has resided here ever since with her husband in his house.” Also finds the trial court’s denial of Allsup’s post-election contest petition was not clearly erroneous.
Indiana Court of Appeals
Rebecca Minser and Tina Zion v. DeKalb County Plan Commission
20A-PL-2408
Civil plenary. Affirms the grant of summary judgment to the DeKalb County Plan Commission on its complaint alleging Rebecca Minser and Tina Zion constructed a pond in violation of the DeKalb County Unified Development Ordinance, as well as the finding that Minser and Zion can be ordered to fill in the pond. Reverses the award of attorney fees to the commission. Finds the DeKalb Superior Court did not err when it awarded summary judgment to the commission and ordered a fine of $1,000. Also finds the trial court did err in awarding attorney fees to the commission. Remands with instructions to vacate the attorney fee award.
In reviewing Evan Miller’s case, the U.S. Supreme Court banned mandatory life without parole sentences for juveniles — saying judges and juries should consider the special factors of youth — a decision that eventually led to inmates across the country getting a chance at release. But Miller will not get that chance.
Read Indiana appellate court decisions from the most recent reporting period.
The following 7th Circuit Court of Appeals opinion was posted after IL deadline on Monday:
USA v. Rex Hammond
19-2357
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Robert L. Miller, Jr.
Criminal. Affirms Rex Hammond’s 47-year sentence for conviction of being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g) and two counts of brandishing a weapon during a crime of violence in violation of 18 U.S.C. § 924(c). Finds that none of the evidence stemming from Hammond’s Oct.31, 2017 arrest must be suppressed, finding that the collection of his real-time CSLI was not a search; the resulting traffic stop was valid under Whren v. United States, 517 U.S. 806 (1996); officers read Hammond his Miranda rights prior to his verbal statements; and the physical evidence recovered from the car was discovered pursuant to a valid search warrant. Also finds that the district court did not err in instructing the jury regarding the felon-in-possession charge under Rehaif v. United States, 139 S. Ct. 2191 (2019). Lastly, finds his sentence should not be vacated under the guidelines.