Opinions Aug. 28, 2019

The following 7^th Circuit Court of Appeals decisions were posted after IL deadline Tuesday:
Common Cause Indiana, Indiana State Conference of the National Association for the Advancement of Colored People, and League of Women Voters of Indiana, Inc., v. Connie Lawson, in her official capacity as Secretary of State of Indiana, et al.
18-2491 and 18-2492
Appeal from the U.S. District Court for the Southern District of Indiana, Indianapolis Division. Judge Tanya Walton Pratt.
Civil. Affirms the preliminary injunction blocking Indiana from removing voters from the state’s voter rolls without directly contacting the individuals. Finds Senate Enrolled Act 442, which permitted Indiana to rely solely on the Crosscheck database to purge voters, violated the National Voter Registration Act’s requirement that the state must either confirm with the voter that he or she has moved out of state or, if contact cannot be made, must not remove the name unless the state can show the person did not vote or appear to vote between the time the notification was sent and the date after the second general election for federal office. Judge Michael Brennan writes a concurring opinion that the nonprofits bringing the lawsuits do have standing under Article III.

United States of America v. Michael S. Barber
18-2803
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Robert L. Miller Jr.
Criminal. Affirms Michael Barber’s convictions of stealing firearms from a federally licensed firearms dealer, possessing firearms as a felon and possessing stole firearms, and his 210-month sentence. Finds the district court erred in admitting affidavits from officials with the Bureau of Alcohol, Tobacco, Firearms, and Explosives testifying to the validity of a firearms license without requiring those officials to testify, but that error was harmless because the license was properly admitted in another exhibit. Also finds the government sufficiently proved that a Facebook account sending messages about the robbery was Barber’s, and Barber has forfeited his argument that the cell location data should have been suppressed because it was obtained without a warrant. Finally, finds the district court properly imposed sentencing enhancements based on obstruction of justice.

Wednesday’s opinions
7^th Circuit Court of Appeals
Planned Parenthood of Indiana v. Jerome Adams
17-2428
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Senior Judge Sarah Evans Barker.
Civil. Affirms the Southern District Court’s injunction enjoining enforcement of an Indiana law requiring parental notification for mature minors seeking an abortion. Majority holds that Planned Parenthood has shown that it is likely to succeed on the merits and that the balance of harms favors the injunction. Judge Michael Kanne dissents, finding the district court abused its discretion because no evidence was provided to show that the statute constitutes a substantial obstacle to an abortion.

Indiana Court of Appeals
Scott William Lollar, et al. v. Nextgear Capital, Inc. 
18A-CC-02955
Civil collection. Affirms in part, reverses in part, remands for further proceedings. Holds the Hamilton Superior Court erred when it entered summary judgment in favor of NextGear Capital, Inc., on NextGear’s breach of contract claim and on Scott Lollar’s counterclaim for defamation. However, finds the trial court did not err when it entered summary judgment for NextGear on Lollar’s counterclaim for tortious interference with a business relationship.

Hoagland Family Limited Partnership v. Town of Clear Lake
18A-PL-2088
Civil plenary. Affirms and reverses in part orders in favor of the town of Clear Lake in a sewer dispute with Hoagland Family Limited Partnership. Finds the Steuben Circuit Court erred by ordering Hoagland to pay penalties for its failure to connect its properties to the town’s sewer lines, and by ordering Hoagland to pay the town’s attorney fees. Also finds the trial court applied the wrong ordinance to the sewer connection process. Finally, finds the trial court did not err by denying Hoagland’s request for a discovery sanction against the town. Remands with instructions to vacate the orders requiring Hoagland to pay penalties and attorney fees and to apply under the new ordinances, and for further proceedings.

The City of Lawrenceburg, Indiana, the Mayor of the City of Lawrenceburg in his official capacity, et al. v. Franklin County, Indiana, et al.
19A-PL-263
Civil plenary. Reverses and remands the Decatur Superior Court’s entry of summary judgment in favor Franklin County against the City of Lawrenceburg. Finds Lawrenceburg did not waive its defenses and that its agreement with Franklin County is void by statute. Remands with instruction to enter judgement in favor of Lawrenceburg. Judge Margret Robb concurs in part and dissents in part with a separate opinion.

Aaron Moran Brown v. State of Indiana
18A-PC-3128
Post conviction. Affirms the DeKalb Circuit Court’s denial of Aaron Moran Brown’s petition for post-conviction relief. Finds Brown’s argument fails that he is eligible for resentencing since the U.S. Supreme Court held in Miller v. Alabama, 567 U.S. 460, 489 (2012) that mandatory sentencing of juveniles to life without the possibility of parole violates the Eighth Amendment. Brown was sentenced as a 16-year-old to an aggregate sentence of 100 years, but he becomes eligible for parole in 2040 when he will be 62 years old. Rules because Brown has the possibility of being paroled, he does not have a life sentence and, therefore, he is ineligible for relief under Miller.

Michelle Coe v. State of Indiana (mem. dec.)
19A-CR-352
Criminal. Affirms Michelle Coe’s conviction of Class A misdemeanor battery causing bodily injury. Finds there is sufficient evidence negating Coe’s claim of self-defense.

Ronald L. Poling, Jr. v. State of Indiana (mem. dec.)
19A-CR-672
Criminal. Affirms Ronald Poling’s four-year sentence for conviction of Level 5 felony domestic battery. Finds the Grant Superior Court did not abuse its discretion when it sentenced him.

Albert Thomas Thorne, III v. State of Indiana (mem. dec.)
19A-CR-320
Criminal. Finds the Clinton Superior Court abused its discretion in denying Albert Thorne’s motion to suppress evidence of methamphetamine and syringes found in a backpack he was wearing at the time of his arrest. Remands for further proceedings.

Michael J. Johnson v. State of Indiana (mem. dec.)
19A-CR-167
Criminal. Affirms Michael Johnson’s aggregate 170-year sentence for conviction of Level 1 felonies murder and attempted murder, as well as his habitual offender finding. However, finds that because insufficient evidence supports the amount of restitution, the restitution order should be reversed. Remands for an evidentiary hearing on the issue of restitution.

Toni McClellan v. State of Indiana (mem. dec.)
19A-CR-11
Criminal. Affirms Toni McClellan’s 910-day sentence for conviction of Level 6 felony operating a vehicle while intoxicated, endangering a person, with a prior conviction. Finds her sentence is not inappropriate.

Nathan K. Baker v. State of Indiana (mem. dec.)
18A-CR-2744
Criminal. Affirms Nathan Baker’s 133-year aggregate sentence for conviction of two counts of murder, two counts of Level 4 felony burglary and one count of Level 6 felony auto theft. Finds his sentence is not inappropriate and affirms the admission of his confession. Finds the Martin Circuit Court did not abuse its discretion when it declined to find Baker’s purported intellectual disability to be a mitigating circumstance.

Lincoln Ray Pickett v. State of Indiana (mem. dec.)
18A-CR-2791
Criminal. Affirms Lincoln Pickett’s aggregate 84-year sentence for conviction of murder and Level 4 felony unlawful possession of a firearm by a serious violent felon. Finds his sentence is not inappropriate in light of his character. Holds the trial court did not err when it admitted the evidence officers obtained pursuant to issued search warrants.