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As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe Now7th Circuit Court of Appeals
United States of America v. Daniel Stewart
16-4105
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge William T. Lawrence.
Criminal. Affirms the denial of Daniel Stewart’s motion to suppress evidence discovered in a traffic stop and a confession that led to his convictions of drug trafficking, firearm offenses and money laundering. Finds the district court did not err in the admission of evidence. Also finds there was sufficient evidence to support Stewart’s convictions.
Indiana Court of Appeals
Kenneth McBride v. State of Indiana (mem. dec.)
49A05-1705-CR-1050
Criminal. Affirms the denial of Kenneth McBride’s motion to correct erroneous sentence relating to his aggregate 30-year sentence. Finds McBride’s claims are barred as a matter of res judicata. Also finds the Marion Superior Court’s oral and written sentencing statements clearly show that it found and relied upon several aggravating factors to support McBride’s consecutive sentences.
In the Matter of S.L., a Child Alleged to be a Delinquent Child v. State of Indiana (mem. dec.)
18A-JV-1017
Juvenile. Affirms the adjudication of S.L. as a delinquent child for committing an act that would have been Level 6 felony intimidation had it been committed by an adult and the decision to place her in the Department of Correction. Finds there was sufficient evidence to support the adjudication. Also finds there was no dispositional error.
Shon L. Hudson v. State of Indiana (mem. dec.)
49A02-1712-CR-2903
Criminal. Reverses Shon Hudson’s conviction of battery resulting in bodily injury as a Class A misdemeanor. Finds Hudson has established that his waiver of his right to a misdemeanor jury trial was not knowing. Remands for retrial.
John J. Kennelly v. State of Indiana (mem. dec.)
18A-CR-412
Criminal. Affirms John Kennelly’s conviction of Class A misdemeanor criminal trespass. Finds the evidence was sufficient to support Kennelly’s conviction.
Tyree Gilbert v. State of Indiana (mem. dec.)
18A-CR-695
Criminal. Affirms Tyree Gilbert’s conviction of Level 4 felony unlawful possession of a firearm by a serious violent felon. Finds there was sufficient evidence to support the conviction.
Michael Eugene Ritter v. State of Indiana (mem. dec.)
48A02-1711-CR-2744
Criminal. Affirms Michael Ritter’s six-year sentence and convictions of Class B misdemeanor false informing and Class D misdemeanor operating a vehicle while intoxicated, as well as the determination that he was a habitual substance abuse offender. Finds the Madison Circuit Court did not err in denying Ritter’s motion to dismiss pursuant to Criminal Rule 4(C). Also finds Ritter was not denied his right to a speedy trial. Finally, finds Ritter’s sentence is not inappropriate.
David Richman and Lynette Gridley, as Trustee of the Hartunian Family Trust (u/d/t dated November 8, 1989) v. JPMCC 2006-CIBC14 Eads Parkway, LLC (mem. dec.)
18A-PL-727
Civil plenary. Reverses the grant of attorney fees to JPMCC 2006-CIBC14 Eads Parkway, LLC. Finds the award was erroneous. Remands with instructions to revise the fee award such that it includes only the attorney fees clearly and specifically related to the claims on which JPMCC prevailed.
Timothy W. Shackleford v. D&W Fine Pack, LLC (mem. dec.)
18A-CT-489
Civil tort. Reverses the grant of summary judgment to D&W Fine Pack, LLC on Timothy Shackleford’s complaint alleging he was discharged in retaliation for pursuing a worker’s compensation claim. Finds the designated evidence was sufficient to generate a genuine issue of material fact regarding the question of retaliatory discharge. Remands for trial.
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