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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 opinions were posted after IL deadline on Monday:
7th Circuit Court of Appeals
United States of America v. Chad Griffin, Matthew Smith, Kelly Insley, Kerri Agee, and Nicole Smith, also known as Nicole Smith-Kelso
21-3326, 21-3352, 21-3361, 22-1012, 22-1075
Appeals from the U.S. District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Tanya Walton Pratt.
Criminal. Affirms the convictions of all five defendants related to their roles in a scheme to defraud the Small Business Administration. Affirms all sentences in all respects except as to a clerical error in a supervised release condition imposed on Chad Griffin. Modifies the amended judgment in Griffin’s case so that Condition 14 requires that he “participate in a mental health evaluation and treatment if deemed necessary.”
Indiana Tax Court
Wendy H Elwood Trust v. Bartholomew County Assessor
23T-TA-00002
Tax. Affirms the Indiana Board of Tax Review’s final determination that the Wendy H Elwood Trust’s petitions for a correction of error for assessment years 2018 and 2019 were untimely. Finds the trust has not demonstrated that the Indiana board abused its discretion and that its final determination must be reversed.
Tuesday opinions
Court of Appeals of Indiana
Kurt Russell v. State of Indiana
22A-CR-2299
Criminal. Affirms Kurt Russell’s conviction of Level 1 felony dealing in a controlled substance resulting in death. Finds the Boone Superior Court did not abuse its discretion when it admitted evidence extracted from a phone other than the one found on the counter near Maxwell Timbrook’s body because the content of both phones were the same given that they were linked to the same iCloud account. Also find the state presented sufficient evidence that Russell delivered fentanyl to Timbrook, and he died ingesting the fentanyl.
Chase Turner v. State of Indiana
22A-CR-2404
Criminal. Reverses Chase Turner’s conviction for Level 5 felony criminal recklessness based on accomplice liability and remands for a new trial. Finds that while there was sufficient evidence to support the verdict, the evidence of Turner’s knowledge that Chordae Spearman and Abel Luna planned to shoot at the Kia is too weak to say with certainty that the improper testimony did not influence the verdict.
In re Commitment of: S.C. v. Richmond State Hospital
22A-MH-3071
Mental health. Affirms the Marion Superior Court’s denial of S.C.’s petition to discontinue his regular commitment to Richmond State Hospital. Finds the evidence in the record supported the challenged findings that S.C. is mentally ill and dangerous to himself and others, and those findings support the trial court’s continued commitment of S.C.
Diana Tran v. Greg Armbruster, et al. (mem. dec.)
22A-CC-2325
Civil collections. Affirms the Allen Superior Court’s recalculation of damages in a dispute between Diana Tran and Greg and Cynthia Armbruster. Finds the trial court’s recalculation of damages is supported by sufficient evidence.
Anthoney Allen Thompson v. State of Indiana (mem. dec.)
22A-CR-2924
Criminal. Affirms Anthony Allen Thompson’s convictions of Level 6 felony possession of cocaine, Class B misdemeanor possession of synthetic urine and Class C misdemeanor possession of paraphernalia. Finds the Henry Circuit Court did not commit fundamental error when it admitted evidence discovered during a warrantless search of Thompson’s vehicle.
Brian C. Flint v. State of Indiana (mem. dec.)
23A-CR-45
Criminal. Affirms Brian Flint’s sentence for two counts of Level 4 felony dealing in methamphetamine. Finds the Johnson Superior Court did not err.
Casey Myers v. State of Indiana (mem. dec.)
23A-PC-493
Post-conviction relief. Affirms the denial of Casey Myers’ post-conviction relief petition. Finds Myers failed to show that his trial counsel performed deficiently.
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