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The following 7th Circuit Court of Appeals opinion was posted after IL deadline Tuesday:
Mitchell Alicea vs Aubrey Thomas Alejandra Alvarez and the City of Hammond
15-1255
U.S. District Court, Northern District of Indiana, Hammond Division. Judge Theresa L. Springmann.
Civil. Reverses summary judgment for two officers who allegedly used excessive force in arrest of Mitchell Alicea for burglary and remands for further proceedings.
Wednesday's opinions
Indiana Supreme Court
Ashonta Kenya Jackson v. State of Indiana
48S02-1509-CR-554
Criminal. Affirms conviction of Class C felony corrupt business influence, holding that Indiana’s Racketeer Influenced and Criminal Organizations Act does not contain a continuity element, but rather a requirement that the pattern of crimes are “not isolated.” The evidence was sufficient to show the underlying robberies Jackson was convicted of were not isolated. Remands for revision of the sentencing order to indicate which offense was enhanced by the habitual offender adjudication.
Indiana Court of Appeals
J.C. v. Indiana Department of Child Services (mem. dec.)
73A04-1507-JT-806
Juvenile. Affirms father’s termination of parental rights.
Randall L. Capatina v. State of Indiana (mem. dec.)
92A03-1506-CR-634
Criminal. Affirms Randall Capatina’s convictions of dealing in a narcotic drug, a Level 4 felony; possession of a narcotic drug; a Level 6 felony; and maintaining a common nuisance, a Level 6 felony.
Maxine Lauren Kemper v. State of Indiana (mem. dec.)
82A01-1508-CR-1104
Criminal. Affirms sanctions against Maxine Kemper after she violated the terms of her drug court commitment.
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