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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 7th Circuit Court of Appeals opinion was posted after IL deadline Tuesday.
Common Cause Indiana et al. v. Connie Lawson et al.
20-2911
Appeal from the United States District Court fort the Southern District of Indiana, Indianapolis Division. Senior Judge Sarah Evans Barker.
Reverses an injunction enjoining enforcement of Indiana law requiring the absentee ballots be received by election officials by noon on Election Day for those votes to be counted. Grants the state’s motion for a stay of the injunction, finding that “(a)s long as it is possible to vote in person, the rules for absentee ballots are constitutionally valid if they are supported by a rational basis and do not discriminate based on a forbidden characteristic such as race or sex.”
Wednesday’s opinions
Indiana Court of Appeals
Lewis James Martin v. State of Indiana
20A-CR-00348
Criminal. Affirms Lewis James Martin a/k/a Andolian Juan Ochoa-Napraja’s aggregate 24-year sentence for conviction of Level 2 felony conspiracy to commit dealing in a narcotic drug; Level 3 felony dealing in methamphetamine; two counts of Level 3 felony dealing in a narcotic drug; and Level 4 felony dealing in a narcotic drug. Finds the Madison Circuit Court did not abuse its discretion by considering uncharged criminal conduct as an aggravating factor or by failing to credit Martin’s expression of remorse as a mitigating factor. Finds the sentence is not inappropriate.
Sharps Automotive v. Auston Prizevoits
20A-SC-00524
Small claims. Affirms the Marion County Small Claims Court’s decision in favor of Auston Prizevoits in his action against Sharp’s Automotive, Inc. for storage fees, court costs and lost time. Finds the trial court did not err by entering judgment in favor of Prizevoits on the grounds there was no written contract for or advance notice of a storage fee assessed against Prizevoit. Also finds the small-claims court’s award was appropriate.
Rudy L. Space v. State of Indiana
20A-CR-01115
Criminal. Affirms Rudy Space’s two-year sentence for conviction of Level 6 felony identity deception, enhanced by two years for being a habitual offender. Finds his four-year executed sentence is not inappropriate.
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