Opinions March 18, 2025

The following opinion was published after The Indiana Lawyer’s deadline Monday:
7^th Circuit Court of Appeals
United States of America v. Quintin T. Ferguson
24-1130
Criminal. Appeal from the United States District Court for the Northern District of Indiana, South Bend Division, Judge Damon Leichty. Affirms Quintin Ferguson’s conviction in district court and  that a conviction under §844(i) is one for “arson” as that term appears in the career-offender guideline. Finds that the district court treated Ferguson as a career offender under U.S.S.G. §4B1.1(a) after concluding that §844(i) is a “crime of violence” Attorneys for appellant: Thomas Durkin, Thomas Patton, Anthony, Daniel Hillis. Attorneys for appellee: David Hollar, Eli Temkin.

Tuesday opinions
Indiana Supreme Court
Christopher Nardi v. J. Bradley King and Angela M. Nussmeyer in their official capacities as members of the Indiana Election Division
25S-PL-64
Civil plenary. Affirms Marion Superior Court Judge John Hanley’s order to the Indiana Election Division to produce one of the documents related to Indiana’s voter registration system  requested by Christopher Nardi. Finds that because Nardi successfully obtained a wrongfully withheld public record, the trial court did not abuse its discretion in concluding that he substantially prevailed under APRA. Remands to the trial court to recalculate the fee award after considering how much time Nardi spent on his successful claim and whether the time spent on the unsuccessful claims was indivisible from the time spent on the successful claim. Attorneys for appellant: William Groth, Daniel Bowman. Attorneys for appellees: Attorney General Todd Rokita, Deputy Attorneys General Benjamin Jones, Natalie Weiss.

Indiana Court of Appeals
Edgar R. Martinez-Orta v. State of Indiana
24A-CR-1456
Criminal. Affirms Edgar Martinez-Orta’s conviction after a Tippecanoe Superior Court bench trial of operating a vehicle with an alcohol concentration equivalent of .15 or more as a Class A misdemeanor and failure to dim headlights as a Class C infraction. Finds the trial court did not abuse its discretion in admitting the blood test results. Also finds the actions of Indiana State Trooper Mitchell McKinney during the traffic stop of Martinez-Orta did not violate the Fourth Amendment, and the state laid a proper foundation for admission of the blood test results. Attorneys for appellant: Bruce Graham, Shay Hughes, Michael Dean, Laura Blaydes. Attorneys for appellee: Attorney General Todd Rokita, Deputy Attorneys General Kathy Bradley, Steven Hosler.

Ajaylan M. Shabazz v. State of Indiana
24A-CR-909
Criminal. Affirms an Allen Superior Court jury’s conviction of  Ajaylan Shabazz of murder under an accomplice liability theory.  Finds that, given the evidence, a reasonable jury could have found Shabazz guilty of murder. Judge Elizabeth Tavitas concurs with separate opinion. Attorney for appellant: Gregory Fumarolo. Attorneys for appellee: Attorney General Todd Rokita, Deputy Attorney General Jodi Stein.