Maley: A look at statutes, rules, caselaw on recovering costs
To recover or oppose a costs award, a working knowledge is important of the interplay among federal statutes, federal rules, local rules and caselaw.
Court opinions
Articles
7th Circuit affirms dismissal of killer’s habeas petition
The 7th Circuit Court of Appeals on Tuesday affirmed the dismissal of a convicted killer’s habeas petition alleging ineffective assistance of counsel, agreeing that his attorney’s alleged errors did not prejudice him.
COA upholds admission of evidence from challenged pat-down search
A police officer was justified in conducting a search of Christian Jamar Triblet after seeing a bulge on the right side of his pants that was larger than a mobile phone, the Indiana Court of Appeals ruled Tuesday, affirming a lower court ruling denying Triblet’s motion to suppress evidence.
Opinions May 25, 2021
7th Circuit Court of Appeals
Jay R. Thompson v. Frank Vanihel
20-2571
Appeal from the United States District Court for the Southern District of Indiana, Terre Haute Division. Judge James R. Sweeney II.
Civil. Affirms the dismissal of Jay Thompson’s petition for writ of habeas corpus alleging ineffective assistance of counsel. Finds counsel’s alleged legal errors did not prejudice Thompson.
Opinions May 24, 2021
Indiana Court of Appeals
Jeromy D. Hurd v. State of Indiana (mem. dec.)
20A-CR-1671
Criminal. Reverses Jeromy D. Hurd’s conviction for theft but affirms his convictions for dealing in methamphetamine and dealing in marijuana. Finds the state provided insufficient evidence to support Hurd’s conviction of theft but provided sufficient evidence that Hurd possessed meth and marijuana. Also finds that any error in the admission of messages received by Hurd’s phone was harmless. Remands.
Opinions May 21, 2021
Indiana Court of Appeals
James L. Mosley v. State of Indiana
20A-CR-02094
Criminal. Reverses the Ripley Circuit Court’s revocation of three years of James L. Mosley’s probation for his conviction of fraud, as well as its order that he spend those years in prison. Finds a no-contact order cannot be issued to protect a dead person and that Mosley’s probation cannot be revoked based on violation of that void order.
COA: No-contact order didn’t protect deceased victim
No-contact orders cannot be issued to protect dead people, the Indiana Court of Appeals ruled in a Friday reversal for a man who sent an apology letter to a deceased person he previously committed fraud against.
Opinions May 20, 2021
Indiana Court of Appeals
Paul M. Robey v. State of Indiana
20A-CR-2187
Criminal. Affirms Paul M. Robey’s conviction of Class 4 felony child molesting. Finds the video of the victim’s forensic interview was merely cumulative of B.B.’s testimony, so any error in publishing it was harmless.
Opinions May 19, 2021
Indiana Court of Appeals
Donnie Louis Sawyer v. State of Indiana
20A-CR-1446
Criminal. Reverses the order denying Donnie Louis Sawyer’s petition for depositions of two minors alleged to be victims of child molesting by Sawyer. Finds Indiana Code § 35-40-5-11.5 conflicts with the Indiana Trial Rules 26 and 30, so the provisions of the Trial Rules govern.
Opinions May 18, 2021
Indiana Court of Appeals
Shawn Lacey v. State of Indiana (mem. dec.)
20A-CR-1689
Criminal. Affirms Shawn Lacey’s conviction of Level 5 felony battery. Finds the evidence is sufficient.
High court won’t make unanimous jury requirement retroactive
The Supreme Court ruled Monday that prisoners who were convicted by non-unanimous juries before the high court barred the practice a year ago don’t need to be retried.
Opinions May 17, 2021
Express Scripts Incorporated v. Department of State Revenue
19T-TA-18
Tax. Denies the Indiana Department of State Revenue’s motion for partial summary judgment and grants summary judgment to Express Scripts on the issue of whether Express Scripts receives its Indiana income from the retail sale of prescription drugs or from the provision of services. Finds Express Scripts receives its Indiana income from the latter. Remands the matter to the department for action consistent with the opinion.
Justices consider hearing a case on ‘most offensive word’
In a case focusing on elevator graffiti, Robert Collier is asking the U.S. Supreme Court to decide whether a single use of the N-word in the workplace can create a hostile work environment, giving an employee the ability to pursue a case under Title VII of the landmark Civil Rights Act of 1964.
Opinions May 14, 2021
7th Circuit Court of Appeals
USA v. Ethel Shelton
19-3388
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Senior Judge Joseph S. Van Bokkelen.
Criminal. Reverses and remands Ethel Shelton’s conviction for conspiracy to commit wire fraud and conspiracy to commit honest services wire fraud. Finds that the district court erred when it found that Shelton lacked any reasonable expectation of privacy in her office. Finds Stafford Garbutt’s document collection violated Shelton’s Fourth Amendment rights. Finds the warrant would not have been issued in the absence of the information gathered as a result of the unlawful searches. Thus, the district court should have suppressed the evidence obtained from the search authorized by that warrant, and granted Shelton’s motion for a mistrial.
Opinions May 13, 2021
Soraida Flores v. City of South Bend
20-1603
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Judge James T. Moody.
Civil. Reverses the Northern Indiana District Court’s dismissal of Soraida Flores’s lawsuit against former South Bend police officer Justin Gorny and the City of South Bend as personal representative of deceased Erica Flores. Although the district court concluded Gorny did not violate the motorist’s constitutional rights, the 7th Circuit finds that Flores’s allegations plausibly state claims against both defendants, and she is therefore entitled to proceed with her case. Remands for further proceedings. Circuit Judge Michael B. Brennan writes separately in concurrence.
Opinions May 12, 2021
Indiana Court of Appeals
Br.S. v. J.N.S.
20A-AD-1790
Adoption. Reverses the Delaware Circuit Court’s ruling that although mother J.N.S. did not communicate with her children when she was able to do so, her lack of communication was justified. Finds J.N.S. did not have justifiable cause for not communicating with the children, so her consent to their adoption by their stepmother is unnecessary. Remands for the trial court to determine whether adoption is in the best interests of the children.
Indiana Court Decisions – April 22-May 5, 2021
Read Indiana appellate court decisions from the most recent reporting period.
Opinions May 11, 2021
The following 7th Circuit Court of Appeals opinion was posted after IL deadline on Monday:
Katherine Black v. Cherie Wrigley
20-2656
Civil. Affirms a jury’s verdict against Katherine Black in her defamation dispute with Cherie Wrigley and denies her request for a new trial based on her assertions that the Northern District Court of Illinois erred in several ways. Finds no errors warrant a reversal of the jury’s verdict.
7th Circuit affirms verdict against law professor in defamation dispute
A law school professor suing for defamation and intentional infliction of emotional distress could not convince the 7th Circuit Court of Appeals that the jury was wrong to reject her claims.
Opinions May 10, 2021
Indiana Court of Appeals
Karl Woodall v. State of Indiana
20A-CR-00862
Criminal. Affirms Karl Woodall’s murder conviction and the Marion Superior Court’s grant of the State of Indiana’s motion for a mistrial on grounds of jury taint. Finds Woodall was not subjected to procedural double jeopardy upon retrial. Finds the trial court did not commit fundamental error in instructing the jury or in conducting the sentencing hearing.