Opinions Oct. 25, 2023

The following opinions were posted after IL deadline on Tuesday:
7^th Circuit Court of Appeals
Shellie Ellison v. United States Postal Service
22-1967
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Senior Judge Richard Young.
Civil. Vacates the grant of summary judgment in favor of the United States Postal Service. Finds that the district court erred because the record shows that Shellie Ellison lacks meaningful access to the Postal Service’s program through its website and three wheelchair-accessible Postal Service locations within a 15-minute drive of her home. Remands for further proceedings on whether Ellison’s proposed accommodation, a ramp or other means for her to enter the Shelbyville Post Office, is reasonable. Senior Judge David Hamilton concurs with separate opinion.

Indiana Supreme Court
Tonia Land, individually and on behalf of all others similarly situated v. IU Credit Union
23S-CP-115
Civil plenary. Reverses the Monroe Circuit Court’s judgment in favor of IU Credit Union and its motion to compel individual, rather than class, arbitration with Tonia Land. Finds that while IU Credit Union provided Land with reasonable notice of its offer to amend her checking account agreement, Land’s subsequent silence and inaction did not amount to acceptance of the addendum. Remands for further proceedings. Justice Mark Massa dissents with separate opinion.

Wednesday opinions
Court of Appeals of Indiana
Donald K. Ingram v. State of Indiana (mem. dec.)
23A-CR-838
Criminal. Affirms Donald Ingram’s Level 4 felony child molesting conviction and 12-year sentence in Morgan Superior Court. Finds the state presented sufficient evidence beyond a reasonable doubt to support Ingram’s conviction. Also finds his sentence is not inappropriate in light of the nature of the offense and his character.

Nathaniel D. Nusekabel v. State of Indiana (mem. dec.)
23A-CR-429
Criminal. Reverses the Marion Superior Court’s conviction of Nathaniel Nusekabel for possession of methamphetamine. Finds the trial court erred in permitting multiple punishments for the same offense. Also finds application of the Wadle test shows the trial court violated Nusekabel’s double jeopardy rights. Remands with instructions to vacate.

Anthony Eugene Carter v. State of Indiana (mem. dec.)
23A-CR-394
Criminal. Affirms Anthony Carter’s conviction in Marion Superior Court of dealing in cocaine, a Level 2 felony. Finds the trial court did not abuse its discretion by admitting Carter’s handgun into evidence because the handgun’s seizure did not violate his rights pursuant to Article 1, Section 11 of the Indiana Constitution.