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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 published after IL’s deadline Wednesday:
7th Circuit Court of Appeals
Tina Gerlach v. Todd Rokita, et.al.
23-1792
Civil. Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Tanya Walton Pratt. Affirms the district court’s dismissal of Tina Gerlach’s claims seeking declaratory and injunctive relief against and just compensation from various current and former Indiana state officers in their official and individual capacities. Finds that her claim for prospective relief is now moot and her claims for retrospective relief are barred by the Eleventh Amendment and unavailable under 42 U.S.C. § 1983.
Indiana Supreme Court
Diego Morales, in his official capacity as Indiana Secretary of State, the Indiana Election Commission, and Amanda Lowery, in her official capacity as Jackson County Republican Chair v. John Rust
23S-PL-371
Civil plenary. Reverses Marion Superior Court’s order blocking enforcement of the Affiliation Statute that prohibits U.S. Senate hopeful John Rust from appearing on the GOP primary ballot in May. Finds that the Affiliation Statute is not unconstitutional and Rust’s remaining arguments lack merit. Finds that because the Affiliation Statute is a mere procedural regulation that does not substantively change the minimum qualifications for the United States Senate, it survives Rust’s 17th Amendment challenge. Remands with instructions to enter judgment for the state. Justice Derek Molter concurs with separate opinion in which Justice Geoffrey Slaughter joins. Justice Christopher Goff dissents with separate opinion in which Chief Justice Loretta Rush joins.
Thursday opinions
Indiana Court of Appeals
Vassil M. Marinov and Venetka V. Marinov v. Wakerobin Estates II Homeowners Association, Inc. (mem. dec.)
23A-SC-2010
Small claims. Affirms Tippecanoe Superior Court’s judgment in favor of Wakerobin HOA and order for Vassil and Venetka Marinov to pay Wakerobin HOA $1,050 in outstanding assessed fees and $2,500 in attorneys’ fees, plus $115 in court costs. Finds the Marinovs’ noncompliance with Indiana Appellate Rule 46 therefore substantially impedes the appellate court’s review of their claims. Also finds the court will not exercise its discretion to address the merits of those claims.
Mark D. Schmidt v. State of Indiana (mem. dec.)
23A-CR-1898
Criminal. Affirms the Dearborn Superior Court’s sentence of Mark Schmidt to six years at the Indiana Department of Correction for dealing in cocaine or a narcotic drug as a Level 4 felony. Finds that that Schmidt has not produced compelling evidence demonstrating that the nature of his offense or his character renders his advisory sentence inappropriate.
Alejandro Espinosa v.State of Indiana (mem. dec.)
23A-CR-2338
Criminal. Affirms Alejandro Espinosa’s three-year executed sentence imposed by the Tippecanoe Superior Court following his guilty plea to level 5 felony domestic battery. Finds Espinosa has not met his burden to demonstrate that his executed three-year advisory sentence is inappropriate in light of the nature of the offense or his character. Also finds any sentencing error is harmless.
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