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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 opinion was posted after The Indiana Lawyer’s deadline Wednesday:
7th Circuit Court of Appeals
Susan Kinder v. Marion County Prosecutor’s Office
24-1952
Civil. Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Mathew Brookman. Affirms the district court’s granting of summary judgment to the Marion County Prosecutor’s Office against employee Susan Kinder’s claims of racial discrimination and alleged violations of Title VII and the 14th Amendment’s equal protection clause. Finds Kinder’s statutory claim was untimely, and her constitutional claim is barred because the prosecutor’s office is not a suable “person” under 42 U.S.C. § 1983. Attorney for appellant: Thomas Roberts. Attorneys for appellee: Frances Barrow, Abigail Recker, Brandyn Arnold.
Thursday opinions
Indiana Court of Appeals
Lei Gamble v. State of Indiana
24A-CR-1115
Criminal. Affirms Lei Gamble’s convictions in Marion Superior Court for murder and carrying a handgun without a license. Finds the trial court did not abuse its discretion by admitting Gamble’s statement to law enforcement and, even if the trial court abused its discretion, any error was harmless. Also finds that regarding the jury instructions, Gamble invited the error and, invited error notwithstanding, Gamble has failed to demonstrate fundamental error. Attorneys for appellant: Talisha Griffin, Jan Berg. Attorneys for appellee: Attorney General Todd Rokita, Deputy Attorney General Courtney Staton.
Marcos Alan Salinas, IV v. State of Indiana
24A-CR-1966
Criminal. Affirms Marcos Salinas IV’s convictions in Carroll Circuit Court for child molesting, a Level 1 felony; child molesting, a Level 4 felony; and intimidation, a Class A misdemeanor. Finds the trial court did not abuse its discretion by denying Salinas’ request to depose L.R. Also finds the trial court abused its discretion by admitting evidence that the Department of Child Services investigated a report that Salinas provided L.R. with marijuana and by admitting the text messages, but these errors were harmless, and the trial court did not abuse its discretion by admitting Bushore Berry’s testimony regarding the percentage of children that lie about abuse. Also finds the trial court erred by failing to permit Salinas to attempt to refresh Bushore-Berry’s memory using the recorded forensic interview, but this error was harmless. Finally, finds the trial court did not abuse its discretion by refusing Salinas’ proposed jury instruction. Attorney for appellant: Aaron Spolarich. Attorneys for appellee: Attorney General Todd Rokita, Deputy Attorney General Kelly Loy.
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