Opinions Nov. 14, 2023

The following 7^th Circuit Court of Appeals opinion was posted after IL deadline Monday:
United States of America v. Arthur Miles
22-2805
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 judgment with respect to Arthur Miles’ 18 U.S.C. § 922(g)(1) convictions but affirms in all other respects his 20-year sentence for four drug and firearm offenses. Finds Miles’ two Section 922(g)(1) convictions are multiplicitous because he possessed the two firearms underpinning his convictions simultaneously. Remands with limited instructions to vacate one of Miles’ Section 922(g)(1) sentences and merge his multiplicitous Section 922(g)(1) convictions.

Tuesday opinions
Court of Appeals of Indiana
Marion Superior Court Probation Department v. Cheryl Trapuzzano and Jennifer Trapuzzano, as Co-Personal Representatives of the Estate of Nathan Trapuzzano, Deceased
23A-CT-61
Civil tort. Reverses the denial of the Marion Superior Court Probation Department’s motion for summary judgment regarding claims brought by Cheryl and Jennifer Trapuzzano, as co-personal representatives of the Estate of Nathan Trapuzzano. Finds the probation department has quasi-judicial immunity from liability for the estate’s claims. Remands.

Daniel Shirley v. Daniel R. Shaver
23A-CT-204
Civil tort. Affirms the jury verdict finding Daniel Shirley partially at fault in his negligence case against Daniel Shaver. Finds the Porter Superior Court did not abuse its discretion in instructing the jury. Also finds the jury’s verdict does not warrant a new trial.

Mackenzie Taft v. Marilea Piper
23A-EV-877
Evictions. Reverses the small claims judgment in favor of Marilea Piper on her complaint for eviction. Finds the small claims court violated Mackenzie Taft’s due process rights when it did not give her adequate notice of the hearing on the nonemergency eviction claim and when it did not allow her to prepare and present her defenses.

Evelyn R. Cross-Malone v. State of Indiana (mem. dec.)
23A-CR-1112
Criminal. Affirms Evelyn R. Cross-Malone’s conviction of Level 5 felony causing serious bodily injury when operating a vehicle with an alcohol concentration equivalent of 0.08 or more. Finds the evidence was sufficient.

JaRiquez Darquan Brown v. State of Indiana (mem. dec.)
23A-CR-1562
Criminal. Affirms in part the revocation of JaRiquez Darquan Brown’s probation. Finds the Hamilton Superior Court did not abuse its discretion in revoking Brown’s probation. Remands for clarification on whether Brown’s term of probation began under Cause No. 85 and consideration of the probation fees imposed.