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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 published after IL deadline Thursday:
The Bail Project, Inc. v. Commissioner, Indiana Department of Insurance
22-2183
Appeal from the U.S. District Court for the Southern District of Indiana, Indianapolis Division.
Judge James Patrick Hanlon.
Civil. Affirms the district court’s denial of a preliminary injunction against House Enrolled Act 1300. Finds The Bail Project has not shown a likelihood of success on the merits. Judge Candace Jackson-Akiwumi dissents with separate opinion.
Friday opinions
Court of Appeals of Indiana
In the Matter of the Civil Commitment of G.H. v. Richard L. Roudebush Veterans Affairs Medical Center
23A-MH-490
Mental health. Affirms the involuntary commitment of G.H but reverses a special condition and remands with instructions to the Marion Superior Court to strike the special condition prohibiting G.H. from consuming alcohol and drugs during his outpatient treatment Finds clear and convincing evidence supports the involuntary commitment, but insufficient evidence supports the special condition. Judge Elizabeth Tavitas concurs and dissents in part with separate opinion.
Ibrahima Fall v. Soukeyna Kebe (mem. dec.)
23A-DR-300
Domestic relations. Affirms the Marion Superior Court’s denial of father Ibrahima Fall’s motion to correct error. Finds Fall’s claims on appeal are waived because he committed several violations of the Indiana Appellate Rules.
Shawn A. Martin v. State of Indiana (mem. dec.)
23A-CR-263
Criminal. Affirms Shawn Martin’s convictions for two counts of Level 5 felony child seduction. Finds there was sufficient evidence to support his convictions.
Latasha Rodriguez v. State of Indiana (mem. dec.)
22A-CR-2694
Criminal. Affirms Latasha Rodriguez’s conviction of Level 3 felony neglect of a dependent resulting in serious bodily injury. Finds the Dubois Circuit Court did not abuse its discretion when it declined to find the mitigating circumstances proffered by Rodriguez. Also finds Rodriguez’s 12-year sentence was not inappropriate based on the nature of her offense and her character.
William Skipton v. State of Indiana (mem. dec.)
22A-PC-2481
Post-conviction relief. Affirms the denial of William Skipton’s petition for post-conviction relief. Finds Skipton forfeited his claim of illegal sentence by failing to raise it on direct appeal. Also finds Skipton was not prejudiced when his trial attorney did not cite the relevant statute or caselaw at the pronouncement hearing or object after the court made findings, so Skipton has not demonstrated that the Dearborn Superior Court erred when it rejected his allegation of ineffective assistance of trial counsel.
Mario L. Sims v. David M. Bengs, Marinosci Law Group, et al. (mem. dec.)
22A-CT-2280
Civil tort. Affirms the denial of Mario Sims’ motion to correct error, which challenged the grant of summary judgment to the defendants on Sims’ civil rights claims. Finds the St. Joseph Superior Court did not abuse its discretion in denying Sims’ motion to correct error.
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