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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 was posted after IL deadline Tuesday.
David Camm v. Stanley Faith
18-1440
Appeal from the United States District Court for the Southern District of Indiana, New Albany Division. Judge Tanya Walton Pratt.
Civil. Affirms in part, reverses in part the Southern District Court’s entry of summary judgment on behalf of Robert Stites, Rodney Englert, Stanley Faith, and Sean Clemons in a damages suit brought by former state trooper David Camm. Finds Camm presented enough evidence to proceed to trial on the Fourth Amendment claim as it relates to the first probable-cause affidavit. Remands for trial accordingly. Also finds trial is warranted on the Brady claim against the same four defendants for suppression of Stites’ lack of qualifications and against Faith and Clemons for suppression of the facts surrounding their handling of the DNA profile on Charles Boney’s sweatshirt.
Indiana Supreme Court
Brian L. Paquette v. State of Indiana
19S-CR-502
Criminal. Remands for the Pike Circuit Court to impose judgment of conviction and sentence for Brian Paquette for one count of Level 3 felony resisting law enforcement causing death; two counts of Level 4 felony operating causing death; and one count of Level 6 felony operating causing serious bodily injury. Finds the Indiana Court of Appeals’ efforts to correct a double jeopardy violation misconstrued Paquette I by vacating a Level 3 felony conviction instead of one of Paquette’s three Level 4 felony convictions.
Indiana Court of Appeals
Thomas K. Downs and Laura H. Downs v. Stephen S. Radentz and Magdalena B. Czader
19A-PL-382
Civil plenary. Affirms the Boone Superior Court’s entry of judgment in favor of real estate buyers Stephen Radentz and Magdalena Czader on their complaint seeking specific performance of their agreement with sellers Thomas and Laura Downs. Finds the trial court did not err when it excluded from evidence an email sent from the Downs’ attorney to the buyers’ attorney. Finds the evidence supports the trial court’s finding that the settlement agreement is valid and enforceable. Finds buyers are entitled to an award of appellate attorney fees from sellers in an amount to be determined on remand by the trial court.
Knob Hill Development LLC; ASB LLC; RPO Construction, Inc.; Written Builders LLC v. Town of Georgetown, Indiana
18A-MI-2123
Miscellaneous. Affirms in part and reverses in part the Floyd Superior Court’s rulings in a homebuilders’ lawsuit challenging sewer connection fee increases established in an ordinance adopted by the town of Georgetown, Indiana. Finds the base connection fee established in the ordinance is not arbitrary, capricious nor contrary to Indiana law, but an automatic 2% annual increase in the fee violates relevant state law because it provides a fee increase without a hearing. Remands with instructions.
Timothy Ford v. State of Indiana (mem. dec.)
19A-CR-662
Criminal. Affirms the Bartholomew Superior Court’s order requiring Timothy Ford to serve his six-year suspended sentence in the Department of Correction for violating his probation. Finds the trial court did not abuse its discretion.
19A-DR-856
https://www.in.gov/judiciary/opinions/pdf/09111901nhv.pdf
Domestic relation. Affirms the Clark Circuit Court’s order appointing a commissioner to transfer property owned by Christal Trowbridge and Everett Thomas Trowbridge to Everett’s estate pursuant to the property-settlement agreement between the couple following their divorce. Finds Christal has no marital interest in the property under the property settlement agreement and therefore no due-process rights were implicated.
Larry Darnell Austin v. State of Indiana (mem. dec.)
19A-CR-533
Criminal. Affirms Larry Austin’s 16-year sentence and order that he register as a sex-offender for conviction of Class B felony incest. Finds Austin has waived appellate review of the admissibility of the testimony concerning his drug use and that the Lake Superior Court did not err in excluding certain evidence.
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