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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 Monday.
USA v. Lindani Mzembe, et al.
16-4258, 17-1060, 17-1412, 17-2268 & 17-2269
Appeals from the United States District Court for the Northern District of Indiana, South Bend Division. Senior Judge Robert L. Miller Jr.
Criminal. Affirms Ivan Brazier’s 444-month sentence for conviction of kidnapping and making a ransom demand. Reverses and vacates Lindani Mzembe and Derek Fields’ 18 U.S.C. § 924(c) convictions and sentences for discharging a firearm in furtherance of a crime of violence, remanding their cases for resentencing based on later decisions issued by the U.S. Supreme Court and 7th Circuit Court of Appeals.
Tuesday’s opinions
7th Circuit Court of Appeals
Jacqueline M. Sterling v. Southlake Nautilus Health
18-2773
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Senior Judge Joseph S. Van Bokkelen.
Civil. Affirms in part, reverses in part. Finds Austgen, Kuiper & Associates P.C.’s lack of knowledge of a discharge order of Jacqueline Sterling’s debt to Southlake Nautilus Health & Racquet Club, Inc. prevents Austgen from being held in contempt. However, finds Southlake must be held liable for the actions taken by counsel on its behalf. Remands to the bankruptcy court for proceedings.
Indiana Court of Appeals
In the Termination of the Parent-Child Relationship of: S.S. (Minor Child) and A.S. (Father) v. The Indiana Department of Child Services (mem. dec.)
19A-JT-222
Juvenile termination. Affirms the termination of A.S.’s parental rights to his child S.S. Finds the termination order was not clearly erroneous and that there is sufficient evidence to support the juvenile court’s conclusion that a reasonable probability existed that the reasons for S.S.’s removal and continued placement away from A.S. will not be remedied.
In re the Termination of the Parent-Child Relationship of S.B., B.L., Elv.L., Eli.L., and A.L. (Minor Children) and C.L. (Mother) v. Indiana Department of Child Services, et al. (mem. dec.)
19A-JT-224
Juvenile termination. Affirms the termination of C.L.’s parent-child relationship with her five children. Finds C.L. agreed to the setting of the factfinding hearing date outside the statutory parameters and that she failed to submit a written motion to dismiss the termination proceedings. Thus concludes she preserved no issue for appellate review.
Anthony J. Overton v. State of Indiana (mem. dec.)
18A-CR-2090
Criminal. Affirms Anthony Overton’s conviction of Level 6 felony theft. Finds the stolen items found on Overton’s person during a search were admissible at trial, as their discovery did not result from a violation of the Fourth Amendment. Also finds no violation of Article 1, Section 11, and that the police officers at the scene acted reasonably under the circumstances.
Richard Hiller d/b/a Hiller & Sons v. City of Portage (mem. dec.)
18A-CC-3129
Civil collection. Affirms the Porter Superior Court’s denial of Richard Hiller’s motion for judgment on the pleadings. Reverses and remands for further proceedings on the trial court’s grant of the City of Portage’s motion for partial summary judgment. Finds that genuine issues of material fact remain.
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