Subscriber Benefit
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 on Wednesday.
7th Circuit Court of Appeals
Enedeo Rodriguez, Jr. v. Nick McCloughen
22-1259
Appeal from the U.S. District Court for the Northern District of Indiana, South Bend Division. Chief Judge Jon E. DeGuilio.
Civil. Affirms the Indiana Northern District Court’s entry of summary judgment for Nick McCloughen and the dismissal of the claims against “DEA 6” and the Indiana State Police. Orders the judgment is otherwise vacated and remands for proceedings consistent with the 7th Circuit’s order and the contemporaneous opinion. Finds it is not necessarily futile to amend the complaint to name some of the unnamed defendants listed by Enedeo Rodriguez Jr.
Thursday opinions
Court of Appeals of Indiana
Jerry C. Coleman v. State of Indiana
21A-CR-2877
Criminal. Affirms Jerry C. Coleman’s convictions of resisting law enforcement and unlawful possession or use of a legend drug as level 6 felonies. Finds Sgt. Chad Dick’s order to stop wasn’t unlawful or that Coleman’s Fourth Amendment rights were violated. Concludes that evidence of probative value was presented from which a reasonable jury could find Coleman was guilty beyond a reasonable doubt of resisting law enforcement as a level 6 felony.
NIPSCO Industrial Group, and Office of the Utility Consumer Counselor v. Northern Indiana Public Service Company, and Indiana Utility Regulatory Commission
22A-EX-187
Administrative Proceeding. Affirms Indiana Utility Regulatory Commission’s of the TDSIC plan submitted by Northern Indiana Public Service Co. Finds the commission did not misapply the provisions in the Transmission, Distribution and Storage System Improvement Charge plan (TDSIC), Indiana Code 8-1-39. Rules the commission did not improperly rely on evidence regarding NIPSCO’s operational expertise in determining high-priority project and the regional and national economic impact of the TDSIC plan.
William Applegarth and Renee Applegarth v. Rans Custom Builders, Inc., Jim Rans, Ryan Rans, and Rans Development, LLC (mem. dec.)
22A-PL-214
Civil plenary. Reverses the LaPorte Superior Court’s entry of partial summary judgment in favor of Jim Rans and Rans Custom Builders, Inc. and the denial of William and Renee Applegarth’s motion to correct error. Concludes that the Applegarths have demonstrated a material question of fact.
Casey J. O’Hara v. State of Indiana (mem. dec.)
22A-CR-537
Criminal. Affirms the denial of Casey O’Hara’s motion to suppress. Concludes that, even if the sweep of the areas other than the bedroom were improper, reversal is not warranted.
In the Matter of the Involuntary Termination of the Parent-Child Relationship of: L.A. and A.A. (Minor Children), and A.C. (Mother) and J.A. (Father) v. Indiana Department of Child Services (mem. dec.)
22A-JT-563
Juvenile termination. Affirms the termination of A.C. and J.A.’s parental rights to their children, L.A. and A.A. Finds a reasonable probability that the reasons for the children’s removal from Parents and continued placement outside Parents’ home will not be remedied. Finds it is in the children’s best interests that Parents’ parental rights be terminated. Finds the trial court did not clearly err in its decision
Nathan Barkdull v. State of Indiana (mem. dec.)
22A-CR-885
Criminal. Affirms Nathan Barkdull’s five-year sentence for conviction of Level 5 felony stalking and Class A misdemeanor invasion of privacy. Finds Barkdull has failed to convince the appellate court that his five-year sentence with 2½ years executed is inappropriate.
Please enable JavaScript to view this content.