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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 Tuesday:
Barbara Tully, et al. v. Paul Okeson, et al.
22-2835
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge James P. Hanon.
Civil. Affirms the district court’s judgment on the plaintiffs’ motion for summary judgment based on the 26th Amendment. Finds a previous 7th Circuit ruling in the case does not constitute the law of the case. Also finds Indiana’s granting the opportunity to vote by mail to elderly voters does not abridge the right to vote of those under 65 and the provision does not violate the 26th Amendment. Judge John Lee concurs in part and dissents in part with separate opinion.
Wednesday opinions
Court of Appeals of Indiana
Kevin Martin v. J. Harvill, et al. (mem. dec.)
23A-CT-416
Civil tort. Affirms the LaPorte Superior Court’s dismissal of Kevin Martin’s complaint. Finds Martin’s arguments are too poorly developed for review.
Jeanette R. Gordon v. State of Indiana (mem. dec.)
23A-CR-286
Criminal. Affirms Jeanette Gordon’s three battery convictions and aggregate 540-day sentence. Finds the Elkhart Superior Court did not abuse its discretion when it refused to tender Gordon’s proposed instructions to the jury. Also finds the convictions are supported by sufficient evidence. Finally, finds the sentence is not inappropriate in light of Gordon’s offenses and character.
Michael S. Beeman v. State of Indiana (mem. dec.)
22A-CR-1669
Criminal. Affirms Michael Beeman’s conviction of one count of Level 4 child molesting. Finds no error in the Madison Circuit Court’s decision to exclude evidence of a prior sexual abuse allegation.
Fabian Lavell Bennett v. State of Indiana (mem. dec.)
22A-CR-2274
Criminal. Affirms Fabian Bennett’s conviction for murder and guilty plea to sentence enhancements. Finds the Vanderburgh Superior Court’s admission of a video was harmless. Also finds no prosecutorial misconduct or fundamental error.
Jacob A. Maden v. State of Indiana (mem. dec.)
22A-CR-2832
Criminal. Affirms Jacob Maden’s conviction for Level 5 domestic battery resulting in serious bodily injury. Finds the evidence was sufficient to support Maden’s conviction in the Warrick Superior Court.
James Bertrand v. Michelle Gordon (mem. dec.)
22A-DN-2698
Domestic relations no children. Affirms the Lake Superior Court’s order dissolving James Bertrand’s marriage to Michelle Gordon and dividing the marital estate. Finds the trial court did not abuse its discretion in equally dividing a house’s equity between the parties. Also finds the trial court’s division of the equity in the marital house was part of its larger, equal division of the marital estate between the spouses.
In the Matter of the Civil Commitment of: C.C. v. Health and Hospital Corporation d/b/a Sandra Eskenazi Mental Health Center (mem. dec.)
23A-MH-742
Mental health. Dismisses C.C.’s appeal of an involuntary, temporary commitment order. Finds C.C.’s is moot and she does not argue that it falls within an exception to the mootness doctrine.
Nicole A. Reyes v. State of Indiana (mem. dec.)
23A-CR-509
Criminal. Affirms an order that Nicole Reyes serve her previously suspended sentence in the Department of Correction. Finds the Noble Circuit Court acted within its discretion.
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