Court opinions

The following 7^th Circuit Court of Appeals decisions were posted after IL deadline Tuesday:
Common Cause Indiana, Indiana State Conference of the National Association for the Advancement of Colored People, and League of Women Voters of Indiana, Inc., v. Connie Lawson, in her official capacity as Secretary of State of Indiana, et al.
18-2491 and 18-2492
Appeal from the U.S. District Court for the Southern District of Indiana, Indianapolis Division. Judge Tanya Walton Pratt.
Civil. Affirms the preliminary injunction blocking Indiana from removing voters from the state’s voter rolls without directly contacting the individuals. Finds Senate Enrolled Act 442, which permitted Indiana to rely solely on the Crosscheck database to purge voters, violated the National Voter Registration Act’s requirement that the state must either confirm with the voter that he or she has moved out of state or, if contact cannot be made, must not remove the name unless the state can show the person did not vote or appear to vote between the time the notification was sent and the date after the second general election for federal office. Judge Michael Brennan writes a concurring opinion that the nonprofits bringing the lawsuits do have standing under Article III.

Indiana Court of Appeals

Pinch-N-Post, LLC v. Verna L. McIntosh 
19A-TP-00239
Tax deed. Affirms in part Verna McIntosh’s assertion that a notice sent by Pinch-N-Post, LLC that included the redemption amount for property she owned would have led a reasonable person to conclude that the total redemption amount was far greater than it actually was. However, finds the St. Joseph Circuit Court should have ordered a new redemption period and reverses and remands with instructions to order a new 120-day redemption period, with notice under Indiana Code section 6-1.1-25-4.5 to be given not later than 90 days after the order. Judge Elizabeth Tavitas concurs in part and dissents in part with a separate opinion, and would void the tax sale.

Indiana Court of Appeals

Timothy W. Allen v. State of Indiana (mem. dec.)
18A-CR-2952
Criminal. Dismisses Timothy Allen’s appeal of his status as a habitual offender. Finds Allen cannot seek to challenge his habitual offender enhancement on direct appeal as a result of his guilty plea to conviction of Level 5 felonies dealing in methamphetamine and possession of methamphetamine.

The following 7^th Circuit Court of Appeals opinions were posted after IL deadline Thursday.

USA v. Vahan Kelerchian
18-1320
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Senior Judge Joseph S. Van Bokkelen.
Criminal. Affirms firearms dealer Vahan Kelerchian’s conviction of four counts each of conspiracy and making false writings and one count of money laundering for his role in criminal conspiracies with Lake County law enforcement officers to fool manufacturers into thinking they were selling machine guns and laser sights to local police forces when they were instead going into private hands. Finds no error in instructing the jury, no prosecutorial conduct or other errors or abuses among the issues Kelerchian raised on appeal.

The following 7^th Circuit Court of Appeals opinion was posted after IL deadline Tuesday.
USA v. Curtis L. Johnson
18-2350
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. District Judge Michael J. Reagan.
Criminal. Dismisses Curtis Johnson’s appeal of his 21-month sentence for conviction of wire fraud and upholds the appeal waiver in his guilty plea agreement. Finds no fundamental error and that Johnson’s circumstances do not present a due process exception to the rule that most written appeal waivers are effective. Concludes Johnson does not fall outside of the limits to an appeal waiver.