Opinions Nov. 10, 2020

The following 7^th Circuit Court  of appeals opinion was posted after IL deadline Monday:
United States of America v. Lindani Mzembe
20-1265
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Robert Miller Jr.
Criminal. Affirms the district court’s refusal to order that Lindani Mzembe’s revised federal sentence run concurrent with his intervening state sentence. Finds no reversible error.

Tuesday opinions
Indiana Court of Appeals
Pines of Greenwood, LLC and Arbor Homes, LLC v. The Village Pines at the Pines of Greenwood Homeowners’ Association, Inc. (mem. dec.)
20A-PL-373
Civil plenary. Affirms and reverses in part the Johnson Superior Court’s determination that The Village Pines at the Pines of Greenwood Homeowners’ Association incurred damages of more than $1 million. Finds dues are owed to the HOA, and the HOA is the party that has been damaged by Pines of Greenwood LLC and Arbor Homes LLC failing to pay assessments on unsold lots. Also finds that the trial court’s order on damages does not make clear how it arrived at the amount due and remands to either clarify how the court arrived at the amount ordered or correct the amount due for unpaid assessments. Finally, reverses the interest award and vacates the award of late fees, and remands for the trial court to recalculate interest and apply an 8% rate starting in November 2011.

Indiana Department of Transportation, State of Indiana, and City of Indianapolis v. Jeremy Jackson (mem. dec.)
20A-CT-36
Civil tort. Affirms the Marion Superior Court’s grant of Jeremy Jackson’s motion to correct error, setting aside the summary judgment order for the state of Indiana and the city of Indianapolis against Jackson. Finds the trial court did not err by admitting the crash report against the city but did err by denying the state’s motion to strike the crash report and by relying on the document in making rulings with respect to the state. Also finds the affidavit of Kevin Johnson was inadmissible and the trial court erred by relying on it in ruling on Jackson’s motion to correct error. Finally, finds the trial court did not err by granting Jackson’s motion to correct error and setting aside its summary judgment order. Remands for further proceedings.

Richard J. Mahoney v. Kevin Wolfe and Maxine Wolfe (mem. dec.)
20A-CT-748
Civil tort. Affirms the Lake Superior Court’s order finding no zoning violation stemming from the shed Kevin and Maxine Wolfe built on their property and the trial court’s entry of judgment for the Wolfes. Finds that Richard Mahoney offered nothing more than a conclusory allegation in attempting to establish that the Wolfes erected the shed in their side yard, as opposed to their back/rear yard, as those terms might be defined by the zoning ordinance. Judge Elaine Brown dissents with separate opinion.

Marvin Jose Maldonado v. State of Indiana (mem. dec.)
19A-CR-2478
Criminal. Affirms and reverses in part Marvin Maldonado convictions for Level 2 felony burglary; Level 5 felony criminal confinement; Level 5 felony operating a motor vehicle as a habitual traffic violator; Level 6 felony resisting law enforcement; Level 6 felony operating a vehicle while intoxicated; and Level 6 felony residential entry, as well as his habitual offender status and 52 ½-year sentence. Finds sufficient evidence supports the burglary conviction, and his convictions of burglary and residential entry do not violate double jeopardy protections. Also finds that Maldonado’s aggregate sentence is not inappropriate in light of his character and the nature of his offenses, but the trial court exceeded its statutory authority in sentencing him. Vacates the sentencing order and remands for resentencing in accordance with applicable statutory limits.

L.A. v. State of Indiana (mem. dec.)
20A-JV-833
Juvenile. Affirms the modification of L.A.’s placement to the Indiana Department of Correction. Finds the Lake Superior Court acted within its discretion.