Articles

Indiana team gets SCOTUS reversal on deportation case

Characterizing the government’s argument as making “scant sense,” the Supreme Court of the United States reversed the deportation order of a lawful permanent resident convicted for carrying a controlled substance in his sock.

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Opinions June 1, 2015

7th Circuit Court of Appeals
Shane Kervin v. La Clair Barnes, et al.
14-2983
U.S. District Court, Northern District of Indiana, South Bend Division, Judge James T. Moody. Affirms dismissal of Kervin’s 42 U.S.C. § 1983 suit alleging that as a prisoner, his rights were violated when he was placed in solitary confinement and denied privileges as punishment for complaining about a delay in being allowed to see his attorney. The court ruled Kervin’s backtalk to guards was the basis for his punishment, which was neither “atypical,” “significant,” nor “a dramatic departure from the basic conditions” of his sentence as required for such claims under Sandin v. Conner, 515 U.S. 472, 484-85 (1995).

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Opinions May 29 2015 ILD

Indiana Court of Appeals
Mitchell Sigman v. State of Indiana and Sharon Hawk (mem. dec.)
46A05-1411-CT-516
Civil tort. Affirms dismissal of complaint

Tony Julian v. State of Indiana (mem. dec.)
48A02-1407-CR-477
Criminal. Affirms convictions for Class B felony dealing in methamphetamine; Class D felony counts of possession of precursors with intent to manufacture a controlled substance and maintaining a common nuisance; and Class A misdemeanor false informing.
 

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Opinions May 29, 2015

Indiana Court of Appeals
State of Indiana v. Scott Zerbe

49A05-1410-MI-463
Criminal. Reverses a trial court ruling granting Zerbe’s petition to remove his name from the Sex Offender Registry. Zerbe was required to register as a sex offender for a Michigan offense committed in 1992 when he moved to here in 2012. Indiana’s Sex Offender Registry, enacted in 1994, is not unconstitutional as applied to Zerbe.

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