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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 opinion was published after IL’s deadline Wednesday:
7th Circuit Court of Appeals
United States of America v. Christopher Tate and Sandra Kellogg
22-2060 & 22-2124
Criminal. Appeals from the United States District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Tanya Walton Pratt. Affirms conviction and sentence of Christopher Tate for one count of conspiracy to distribute methamphetamine and heroin, two counts of distribution of methamphetamine and one count of possession of methamphetamine with intent to distribute it, and the conviction and sentence of Sandra Kellogg on one count of conspiracy to distribute methamphetamine and one count of possession of methamphetamine with intent to distribute it. Finds the district court’s employment of the manager-supervisor enhancement did not constitute reversible error.
Thursday opinions
Indiana Court of Appeals
Individual Members of the Medical Licensing Board of Indiana, in their official capacities, et al. v. Anonymous Plaintiff 1, et al.
22A-PL-2938
Civil plenary. Affirms the Marion Superior Court’s finding that the plaintiffs are entitled to a preliminary injunction. Finds that that Hoosier Jews for Choice has associational standing, that plaintiffs’ claims are ripe, and that the class action certification was not an abuse of discretion. Also finds that although the trial court did not abuse its discretion in granting injunctive relief, the preliminary injunction is overly broad because it enjoins enforcement of the abortion law in ways that do not violate the state’s Religious Freedom Restoration Act. Remands for entry of a narrower injunction. Judge L. Mark Bailey concurs with a separate opinion.
Damian Profancik v. Leah Profancik (mem. dec.)
23A-DR-1232
Domestic relations. Grants Damian Profancik’s petition for rehearing but re-affirms the appellate court’s original opinion on his child support arrearage payments. Finds Profancik did not prove an abuse of the trial court’s discretion. Also finds no fault in the Johnson Superior Court’s chosen repayment schedule.
Robert Quinn v. State of Indiana (mem. dec.)
23A-CR-1580
Criminal. Affirms the St. Joseph Superior Court’s sentence of Robert Quinn to six years in prison for felony child solicitation. Finds Quinn has failed to show his maximum sentence is an outlier needing revision.
Trishia R. Bergquist v. Ryan M. Bergquist (mem. dec.)
23A-DC-2307
Domestic relations with children. Affirms the Steuben Circuit Court’s dissolution decree for Trishia and Ryan Bergquist’s marriage. Finds the trial court abused its discretion when it valued Trishia Bergquist’s business. Remands the case to the court with instructions for the court to determine a value for the business that is supported by the evidence and to adjust the equalization judgment accordingly. Also on remand, instructs the trial court to amend its decree to address payment of the parties’ children’s extraordinary expenses.
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