Opinions April 26, 2024

The following opinion was published after IL’s deadline Thursday:
7^th Circuit Court of Appeals
United States of America v. Dylan Ostrum
23-1364
Criminal. Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Sarah Evans Barker. Affirms Dylan Ostrum’s 20-year prison sentence on one count of conspiracy to possess with intent to distribute methamphetamine, one count of possession with intent to distribute methamphetamine, one count of possession with intent to distribute marijuana and one count of being a felon in possession of a firearm and the district court’s denial of his motion to suppress evidence. Finds that Ostrum has failed to meet his burden on standing. Also finds the existence of probable cause otherwise justified the search of the stolen vehicle under the automobile exception to the Fourth Amendment’s warrant requirement.

Friday opinions
Indiana Court of Appeals
Roman Lee Jones v. Sharon Hawk, et al.
23A-CT-201
Civil tort. Affirms the Miami Circuit Court’s order granting summary judgment to prison employees, Sharon Hawk, Brian Hollis and Renee Gall on Roman Jones’ prisoner complaint against the prison employees. Finds that because the prison employees negated the first element of Jones’ First Amendment retaliation claim, the trial court did not err by granting summary judgment to the prison employees.

Matthew Lucious Setlak v. State of Indiana
23A-CR-2516
Criminal. Affirms Matthew Setlak’s convictions in Lake Superior Court of three counts of child molesting, one count of child molesting and one count of dissemination of matter harmful to minors. Finds the trial court did not abuse its discretion by admitting, under the Protected Person Statute, certain out-of-court statements the victim made to her mother. Also finds that any error in the admission of these statements was cumulative of other evidence and, therefore, harmless.