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As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowThe following 7th Circuit Court of Appeals opinion was posted after IL deadline Tuesday.
Eric Mapes v. State of Indiana
19-1384
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 refusal to recruit pro bono counsel for Eric Mapes. Finds the district judge did not abuse her discretion when she denied Mapes request for pro bono counsel, provided an opportunity to amend, and offered instructions on how best to do so without a lawyer.
Indiana Supreme Court
Derrick Cardosi v. State of Indiana
18S-LW-181
Life without parole. Affirms Derrick Cardosi’s convictions of two counts of felony murder, three counts of murder, two counts of assisting a criminal, and auto theft and his sentence to life without parole. Finds sufficient evidence supports the auto theft conviction. Also finds any error in the Newton Superior Court’s admonishments to the jury wasn’t fundamental, and any error in reading the withdrawn accomplice liability instruction was harmless. Finally, finds the trial court didn’t violate Cardosi’s Confrontation Clause rights, and didn’t manifestly abuse its discretion when it sentenced him to life without parole.
Indiana Court of Appeals
Carl Smith v. State of Indiana
18A-CR-3009
Criminal. Affirms Carl Smith’s conviction for Class A infraction driving while suspended. Finds agreement with Smith’s contention that the purported inventory search was not conducted pursuant to established departmental routine or regulation, violating his rights under the Fourth Amendment of the United States Constitution. Reverses his conviction for Class a misdemeanor carrying a handgun without a license. Judge Elizabeth Tavitas concurs in result with a separate opinion.
Harold D. Wallick v. Eric B. Inman, M.D.
18A-CT-2519
Civil tort. Affirms the verdict in favor of Dr. Eric B. Inman in Harold Wallick’s medical malpractice action against the anesthesiologist. Finds the Marion Superior Court did not act illogically or arbitrarily when it denied Wallick’s six for-cause challenges to prospective jurors.
Antonio D. McCaster v. State of Indiana, et al. (mem. dec.)
18A-MI-748
Miscellaneous. Affirms the disposal of Antonio McCaster’s pro se complaint alleging false arrest and false imprisonment through a Trial Rule 12(B)(6) motion and subsequent motion for summary judgment. Finds all of McCaster’s claims were either time-barred or otherwise not viable.
James T. Hackney v. State of Indiana (mem. dec.)
19A-CR-64
Criminal. Affirms James Hackney’s conviction for Class A misdemeanor domestic battery. Finds there is sufficient evidence to sustain Hackney’s conviction.
Randall L. Capatina v. State of Indiana (mem. dec.)
18A-CR-1093
Criminal. Affirms the denial of Randall Capatina’s petition for jail time credit relating to his convictions and sentences in separate causes. Finds the Allen Superior Court did not abuse its discretion in imposing consecutive sentences or in denying Capatina’s petition for jail time credit.
Mingo Thames v. State of Indiana (mem. dec.)
19A-CR-340
Criminal. Affirms Mingo Thames’ aggregate 110-year sentence for conviction of two counts of murder. Finds the state produced enough credible evidence to support Thames’ convictions and that the Marion Superior Court did not abuse its discretion in admitting certain evidence.
June Russell and Betty Stevens v. Anh Bui (mem. dec.)
18A-CT-2299
https://www.in.gov/judiciary/opinions/pdf/08071901eft.pdf
Civil tort. Affirms the denial of June Russel and Betty Stevens’ motion for relief from judgment/order in litigation brought against them by Anh Bui. Find the Vanderburgh Circuit Court did not abuse its discretion by denying the motion.
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