Subscriber Benefit
As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe Now7th Circuit Court of Appeals
Linda Gunn and Christopher Gunn v. Thrasher, Buschmann & Voelkel, P.C.
19-3514
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Jane Magnus Stinson.
Civil. Vacates the Indiana Southern District Court’s judgment dismissing a complaint brought by Linda and Christopher Gunn and remands the case with instructions to dismiss for want of subject matter jurisdiction. Finds that the Gunns do not contend that the contested sentence in the defendant’s dunning letter caused them any concrete harm.
United States of America v. Duprece Jett and Damion McKissick
19-1622 & 19-1673
Appeals from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Tanya Walton Pratt.
Criminal. Affirms the new sentences for Duprece Jett and Damion McKissick. Finds that although the district court erred by using the preponderance-of-the-evidence standard, and not the higher beyond-a-reasonable-doubt standard, to decide whether the defendants conspired to commit the “object offenses” of the conspiracy, the error was harmless. Also finds no error in the district court’s resentencing explanation.
Indiana Supreme Court
Eric Holcomb, in his official capacity as Governor of the State of Indiana v. City of Bloomington
19S-PL-304
Civil plenary. Affirms the Monroe Circuit Court’s order granting summary judgment and declaratory relief to Bloomington and ruling that Indiana Code § 36-4-3-11.8 constitutes impermissible special legislation in violation of Article 4, Section 23 of the Indiana Constitution. Finds that because Bloomington has suffered an injury, its suit satisfies the requirements of a declaratory judgment action against Gov. Eric Holcomb. Also finds that the statute is unconstitutional special legislation in violation of Article 4, Section 23 of the Indiana Constitution because the legislature enacted a special law when it could have enacted a law that applied generally throughout Indiana. Justice David concurs in results, while Justices Geoffrey Slaughter and Mark Massa dissent in a separate opinion.
Indiana Court of Appeals
Dewayne Harris v. State of Indiana (mem. dec.)
19A-CR-2681
Criminal. Affirms Dewayne Harris’ conviction for felony murder and his aggregate 75-year sentence. Finds Harris failed to prove that the Marion Superior Court abused its discretion in excluding certain evidence. Also finds Harris’ sentence does not violate the Eighth Amendment, and he has failed to show that his sentence is inappropriate when considering the nature of his offense and his character. Finally, finds the Marion Superior Court’s oral statement at sentencing conflicted with the written sentencing order and abstract of judgment due to an obvious clerical error. Remands for a correction of that error to include his 20-year enhancement.
Billy Joe Conn, Jr. v. State of Indiana (mem. dec.)
19A-CR-2307
Criminal. Affirms Billy Joe Conn Jr.’s aggregate 50-year sentence for conviction of Level 2 felony dealing in methamphetamine over 10 grams. Finds his sentence is not inappropriate in light of the nature of the offense and his character.
Please enable JavaScript to view this content.