Opinions June 15, 2023

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The following 7th Circuit Court of Appeals opinion was posted after IL deadline Wednesday.

United States of America ex rel. Michelle Calderon v. Carrington Mortgage Services LLC
22-1553
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Richard Young.
Civil. Affirms the district court’s grant of summary judgment in favor of Carrington Mortgage Services. Finds Michelle Calderon did not proffer evidence that would permit a reasonable trier of fact to find that Carrington’s violations of the False Claims Act caused any harm to the U.S. Department of Housing and Urban Development. Also finds the district court did not abuse its discretion in excluding portions of Calderon’s expert testimony.

Court of Appeals of Indiana

Emmanuel R.K. Collier v. State of Indiana (mem. dec.)
22A-CR-2958
Criminal. Affirms Emmanuel R.K. Collier’s convictions of Level 6 felony possession of methamphetamine and Class C misdemeanor possession of paraphernalia and his two-year sentence. Finds the state’s evidence supported his convictions and his sentence was not inappropriate based on the nature of the offenses and his character.

Jeremiah J. McIntosh v. State of Indiana (mem. dec.)
23A-CR-95
Criminal. Affirms Jeremiah J. McIntosh’s 25-year sentence for level 2 felony dealing in methamphetamine. Finds the court did not err in using McIntosh’s risk assessment score to support the aggravator that he is likely to reoffend. Also, finds McIntosh has failed to persuade the appellate court that his sentence is inappropriate.

Richard Lee Alexander v. State of Indiana (mem. dec.)
22A-CR-1512
Criminal. Affirms Richard Lee Alexander’s aggregate 50-year executed sentence for Level 2 felony voluntary manslaughter and being a habitual offender. Finds Alexander’s sentence is not inappropriate in light of the nature of the offense and his character. Also, finds Alexander’s pattern of domestic abuse and his continued failure to comply with the court’s orders of protection is a poor reflection on Alexander’s character.

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