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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 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.
Indiana Court of Appeals
Shri Rukmani Balaji Mandir Trust, et al. v. Michigan City, et al.
20A-PL-01831
Civil plenary. Affirms the LaPorte Circuit Court’s finding of fraudulent transfers filed by Michigan City and the Michigan City Redevelopment Commission against Shri Rukmani Balaji Mandir Trust and Sheonarayan Verma and Jaidevi Verma. Finds that substantial evidence of probative value supports the court’s finding with respect to Ind. Code § 32-18-2- 14(b)(5) of the IUFTA, among other things.
Cincinnati Insurance Company v. Patricia M Sohacki, et al.(mem.dec.)
20A-MI-01823
Miscellaneous. Affirms the Tippecanoe Superior Court’s determination that Cincinnati Insurance Company must provide coverage to Marsha and Arthur Nelson under the policy’s underinsured-motorist and auto-medical payments provisions. Finds that under Indiana’s “most intimate contacts” test, that Illinois substantive law applies and that based on Illinois’s expansive underinsured-motorist law, denying the Nelsons underinsured-motorist coverage here violates public policy. Also finds the terms of the Cincinnati insurance policy indicate the Nelsons are entitled to auto-medical-payments coverage.
Mia Miller, et al. v. Kimberly Hyslop (mem.dec.)
20A-CT-01998
Civil tort. Reverses the Wabash Circuit Court’s denial of Mia Miller and The Otis R. Bowen Center for Human Services, Inc.’s motion for summary judgment with respect to Kimberly Hyslop’s claims against them for negligently or recklessly disseminating her medical information and drug test results to others. Concludes that Hyslop’s claims against appellants fail as a matter of law, and the trial court erred in denying appellants’ motion for summary judgment. Remands to the trial court with instructions that it enter summary judgment in favor of appellants.
Qwanya S. Robinson v. State of Indiana (mem.dec.)
20A-CR-02185
Criminal. Affirms the denial of Qwanya Robinson’s motion to withdraw his guilty plea for child molesting as a Level 4 felony. Finds that Robinson has not overcome the presumption of validity accorded the trial court’s denial of his motion to withdraw his guilty plea. Finds that its refusal to allow Robinson to withdraw his guilty plea does not constitute a manifest injustice.
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