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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 opinions were published after IL’s deadline Monday:
7Th Circuit Court of Appeals
United States of America v. Michael A. Davis
23-2259
Criminal. Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Judge Philip Simon. Affirms the district court’s denial of Michael Davis’ motion to suppress the introduction of a loaded, semi-automatic shotgun with an obliterated serial number recovered in a search of his vehicle. Finds the search falls squarely within the search incident to arrest and automobile exceptions to the warrant requirement. Also finds that, contrary to Davis’s contention, a suspect need not brandish a firearm for it to be evidence of intimidation.
Indiana Supreme Court
Timothy Mayberry v. American Acceptance Co., LLC
24S-SC-347
Small claims. Vacates the Indiana Court of Appeals’ dismissal of Timothy Mayberry’s appeal sua sponte based on Appellate Rule 10(F). Finds that the phrase “shall subject the appeal to dismissal” grants the appellate courts discretion to dismiss an appeal; the phrase does not require the courts to dismiss. Also finds Appellate Rule 10(F) should only lead to dismissal where the appellant does not act in good faith, where the rule violation (either by itself or in combination with other violations) is egregious, or where the appellee is prejudiced. Remands to the Court of Appeals for further proceedings. Justice Geoffrey Slaughter concurs in the judgment with separate opinion in which Justice Christopher Goff joins.
Tuesday opinions
Indiana Court of Appeals
Jacob Balash and Jonathan Balash v. Steve Mader
24A-SC-792
Small claims. Reverses the Owen Circuit Court’s judgment entered in favor of contractor Steve Mader in a home improvement case against Jacob and Jonathan Balash. Finds that Mader’s dealings with the Balashes were governed by the Home Improvement Contracts Act and that the damage award entered for Mader must be set aside.
Hoagland Family Limited Partnership, et.al. v. Town of Clear Lake, et. al.
23A-PL-2808
Civil plenary. Affirms the Steuben Superior Court’s dismissal of the Hoagland Family Limited Partnership, LLC’s complaint against the Town of Clear Lake; the Clear Lake Town Council; the Clear Lake Board of Works; various government officials; attorney David Hawk and his law firm Hawk, Haynie, Kammeyer & Smith, LLP; Engineering Resources, Inc.; Derek Frederickson; Clear Lake Electric, Inc.; and Adam Bressler. Finds the trial court did not err in dismissing Hoagland’s complaint with prejudice. Also finds Hoagland had no right to amend its complaint after the trial court dismissed the case.
James A. Simon v. William R. Simon Farms, Inc.
24A-PL-935
Civil plenary. Affirms the Allen Superior Court’s order granting immediate possession of certain real property in favor of William R. Simon Farms, Inc., and denying James Simon’s request for declaratory judgment. Finds that the court’s failure to conduct a jury trial on the issue of final possession was harmless.
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