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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 published after IL’s deadline Tuesday:
7th Circuit Court of Appeals
United States of America v. Denny R. Anderson
21-1325
Criminal. Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Tanya Walton Pratt. Vacates the district court’s Armed Career Criminal Act’s enhancement for Denny Anderson’s 15-year minimum sentence. Finds the government may not rely on Anderson’s 2001 Florida conviction for aggravated assault as an ACCA predicate. Also finds Anderson’s Florida conviction is not a predicate violent felony and that the government may not substitute one of Anderson’s other prior convictions as an alternative predicate offense. Finally, finds because Anderson does not have three predicate convictions, the ACCA enhancement was improper. Remands for resentencing. Senior Judge Kenneth Ripple dissented.
Wednesday opinions
Indiana Court of Appeals
James P. Devlin v. Horizon Bank, successor in interest to Salin Bank & Trust Company by merger
23A-MF-1986
Mortgage foreclosure. Affirms the Hendricks Superior Court’s amended judgment in favor of Horizon Bank, the successor in interest to Salin Bank & Trust Company, and its ruling to foreclose on the mortgage and its amended in rem judgment against James Devlin’s property. Finds that Devlin’s arguments, if adopted, would undermine good-faith dealings between lenders and debtors and would empower sureties to litigate any subsequent action of a debtor as “misconduct” entitling the surety to discharge. Also finds that Devlin’s position is not consistent with Indiana law.
Papa Ndiasse Ndiaye v. State of Indiana
23A-CR-1060
Criminal. Affirms the Hendricks Circuit Court’s denial of Papa Ndiaye’s proposed jury instruction regarding parental privilege for intimidation with a deadly weapon. Finds the trial court did not abuse its discretion by denying Ndiaye’s requested jury instruction because – assuming arguendo parental privilege is available as a defense to a charge of intimidation – as a matter of law, threatening to remove a child’s hand while holding a knife could never be construed as reasonable parenting. Also finds the proffered jury instruction is not supported by the facts of the case.
Converging Capital, LLC v. Kevin B. Steglich
23A-CC-2854
Civil collections. Reverses the LaGrange Circuit Court’s order dismissing proceedings supplemental that Converging Capital had initiated against its judgment debtor, Kevin Steglich. Finds the trial court erred when it dismissed the proceedings supplemental on the grounds that the proceedings were untimely. Also finds that there is no limitations period for the initiation of proceedings supplemental. Remands for further proceedings.
Jonathan D. O’Connor v. State of Indiana
23A-CR-2233
Criminal. Affirms Jonathan O’Connor’s conviction in Henry Circuit Court for for Level 1 felony attempted murder. Reverses O’Connor’s conviction for aggravated battery as contrary to Indiana’s protections against double jeopardy. Remands to the trial court with instructions to vacate O’Connor’s conviction and sentence for the aggravated battery offense
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