Articles

Opinions July 16, 2020

The following 7th Circuit Court of Appeals opinions were posted after IL deadline on Wednesday:
Leif Hinterberger, et al. v. City of Indianapolis
19-3365
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Senior Judge Sarah Evans Barker.
Civil. Affirms the rejection of Leif Hinterberger’s statement of facts for violation the district court’s rulings governing summary judgment practice, and the entry of summary judgment against Hinterberger. Finds the district court did not abuse its discretion in striking Hinterberger’s statement because it did not comply with Local Rule 56-1, nor did it err in entering summary judgment against him on each of his claims.

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Opinions July 15, 2020

The following 7th Circuit Court of Appeals opinion was posted after IL deadline on Tuesday.
USA v. Nehemiah Felders
19-2867
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Robert L. Miller, Jr.
Criminal. Affirms, per curiam, a jury’s conviction of Nehemiah Felders for unlawful possession of a firearm and his 96-month sentence. Finds the record is silent about what was on the card a police officer read to Felders, of which the officer asserted was Felder’s Miranda warnings. Finds that on a silent record Felders cannot show that any error occurred — not when the warnings were read, not in the district court.

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Split COA reverses award of stock following divorce mediation

A woman who was awarded half of a $122,000 stock account held by her former husband after the couple entered into a mediated divorce settlement agreement that didn’t mention the account was stripped of that share of the stock account on appeal Wednesday. However, a dissenting judge would have affirmed the grant of money to the ex-wife.

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Opinions July 14, 2020

The following 7th Circuit Court of Appeals opinions were posted after IL deadline on Monday:
Raymond Marling v. Richard Brown
19-3077
Appeal from the United States District Court for the Southern District of Indiana, Terre Haute Division. Judge James R. Sweeney II.
Civil. Reverses the Southern District Court’s grant of habeas corpus relief to Raymond Marling, and its conclusion that the state court’s finding against him had been rebutted by clear and convincing evidence. Finds the officer who opened and inventoried the contents of a box found in Marling’s vehicle acted within the scope of discretion granted by General Order 49. Also finds that Marling’s counsel did not violate the Sixth Amendment.

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Opinions July 13, 2020

The following 7th Circuit Court opinions were posted after IL Deadline Friday and Sunday:
Earlene Branch Peterson v. William P. Barr
20-2252
Appeal from the United States District Court for the Southern District of Indiana, Terre Haute Division. Chief Judge Jane Magnus-Stinson.
Civil. Vacates the preliminary injunction issued by the Southern District Court halting the federal execution of Daniel Lee. Finds the plaintiffs’ APA claim lacks any arguable legal basis and is therefore frivolous. Also finds section 16-90-502(e)(1) of the Arkansas Code is irrelevant to the case at hand and that the district court judge was wrong to insert it into the case.

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Thomas spoke, Roberts ruled in unusual Supreme Court term

Justice Clarence Thomas spoke and Chief Justice John Roberts ruled. The US Supreme Court’s most unusual term featured victories for immigrants, abortion rights, LGBTQ workers and religious freedoms. The usually quiet Thomas’ baritone was heard by the whole world when the coronavirus outbreak upended the court’s traditional way of doing business. When the biggest decisions were handed down, the chief justice was almost always in the majority and dictated the reach of the court’s most controversial cases, whether they were won by the left or the right.

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Opinions July 10, 2020

The following Indiana Supreme Court opinion was posted after IL deadline Thursday:
Tammi Clark, as personal representative of the Estate of Kandace Pyles, deceased v. Samer Mattar, M.D.
20S-CT-109
Civil tort. Affirms the Indiana Court of Appeals’ reversal and remand for a new trial for Tammi Clark against Dr. Samer Matter. Finds that an unwilling juror should have been struck for cause in Marion Superior Court and that there was prejudice because Clark was forced to exhaust her last peremptory challenge and accept an objectionable juror. Justice Mark Massa concurs in part, dissents in part. Justice Geoffrey Slaughter dissents.

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