Opinions Sept. 13, 2022

The following 7^th Circuit Court of Appeals opinion was posted after IL deadline on Monday:
Tonca Watters and Terence Watters v. The Homeowners’ Association at the Preserve at Bridgewater, Kathryn Mamaril, and Edward Mamaril
19-3499
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Magistrate Judge Matthew P. Brookman.
Civil. Vacates the grant of summary judgment to Kathryn and Edward Mamaril on Tonca and Terence Watters’ discrimination claims under the Fair Housing Act and 42 U.S.C. § 1982 but affirms summary judgment for The Homeowners’ Association at the Preserve at Bridgewater. Finds the Watters have presented sufficient evidence to try their claims against the Mamrils. Also finds the Watters do not provide any evidence directly linking the Mamarils’ actions to the HOA as a whole, nor do they provide any evidence to support their failure-to-accommodate claim. Remands for further proceedings. Judge Amy St. Eve dissents in part with separate opinion.

Tuesday opinions
Court of Appeals of Indiana
Robert Charles Sisk v. State of Indiana (mem. dec.)
22A-CR-619
Criminal. Affirms Robert Sisk’s convictions of Level 4 felony stalking, Level 5 felony stalking, Level 6 felony intimidation, Class A misdemeanor domestic battery and Class B misdemeanor criminal mischief. Finds the Hamilton Superior Court did not abuse its discretion in admitting evidence. Also finds there was sufficient evidence to support Sisk’s conviction of Level 4 felony stalking.

Randy Lamont Sterling v. State of Indiana (mem. dec.)
22A-CR-450
Criminal. Affirms Randy Lamont Sterling’s 15-year sentence for Level 3 felony rape, being a habitual offender, and violating the terms and conditions of his probation. Finds Sterling has failed to demonstrate that his placement in the Department of Correction rather than in community corrections is an outlier in need of correction.