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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 Tuesday:
Ralph Lisby, as the Personal Representative of the Estate of Ashlynn Lisby, deceased v. Jonathan Henderson, individually and in his official capacity as a police officer, and City of Indianapolis, Indiana
22-2867
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Senior Judge Sarah Evans Barker.
Civil. Affirms the district court’s grant of judgment on the pleadings for Officer Jonathan Henderson. Finds Ralph Lisby failed to allege a constitutional violation.
Wednesday opinions
Indiana Supreme Court
Hoosier Contractors, LLC v. Sean Gardner
22S-CT-381
Civil tort. Reverses the denial of Hoosier Contractors LLC’s motion for summary judgment but affirms the denial of Sean Gardner’s motion for partial summary judgment. Finds Gardner did not prove he sustained any injury that would afford him standing to pursue his counterclaim against Hoosier Contractors. Remands with instructions to dismiss the counterclaim for lack of standing. Justice Christopher Goff concurs in the judgment with separate opinion, joined by Chief Justice Loretta Rush.
Court of Appeals of Indiana
Joe A. Viverett v. State of Indiana
22A-CR-2076
Criminal. Affirms Joe Viverett’s convictions of two counts of Level 4 felony unlawful possession of a firearm by a serious violent felon. Finds Viverett failed to properly preserve his challenge to the Marion Superior Court’s admission of evidence.
Emmett Lawrence v. State of Indiana
23A-CR-6
Criminal. Affirms Emmett Lawrence’s conviction in the Marion Superior Court of Class A misdemeanor carrying a handgun without a license under Indiana Code § 35-47-2-1. Finds a 2022 amendment to Section 35-47-2-1 is not remedial.
Kevin L. Moyer and Moyer Law Firm, P.C. v. Nancy Lemen (mem. dec.)
22A-CT-1797
Civil tort. Affirms the Marion Superior Court’s denial of Kevin Moyer’s motion for summary judgment. Finds Moyer failed to meet his burden of affirmatively negating Nancy Lemen’s medical malpractice claim.
Michael Blackmore v. State of Indiana (mem. dec.)
23A-CR-7
Criminal. Affirms Michael Blackmore’s conviction in the Marion Superior Court of Class A resisting law enforcement. Finds the state presented sufficient evidence to support Blackmore’s conviction.
Shonta E. Henderson v. State of Indiana (mem. dec.)
22A-CR-2259
Criminal. Affirms Shonta Henderson’s conviction of Level 3 armed robbery. Finds the St. Joseph Superior Court did not abuse its discretion in excluding letters as inadmissible hearsay. Also finds sufficient evidence to support the convictions.
Michael C. Jedlicka, Jr. v. State of Indiana (mem. dec.)
23A-CR-212
Criminal. Affirms the revocation of Michael Jedlicka’s probation. Finds the Tippecanoe Superior Court did not err.
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