Opinions

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.

Indiana Court of Appeals
Clifton E. Sharp v. State of Indiana, and Brianna Finney
19A-CR-467
Criminal. Affirms and reverses in part the Clark Circuit Court’s ruling that the Estate of Clifton Sharp had standing to make a claim for bond money posted for Sharp by Brianna Finney, but summary judgment should be entered in favor of Finney. Finds the trial court properly concluded the estate had standing, but improperly entered judgment beyond that issue because there are factual matters to be developed. Remands for proceedings.

Indiana Court of Appeals
John Laboa v. State of Indiana
18A-CR-00951
Criminal. Finds the Floyd Superior Court erred in the procedure it used to dispose of John Laboa’s petition for post-conviction relief. Finds the trial court’s judgment was not decided as provided by the post-conviction rules. Remands with instructions to either order the cause to be submitted by affidavit, allowing Laboa time to gather and submit affidavits he feels are relevant to his allegations, or hold an evidentiary hearing.

The following 7th Circuit Court of Appeals opinions were posted after IL Deadline Tuesday.
Dustin Higgs v. United States Park Police
18-2826, 18-2937
Appeals from the United States District Court for the Southern District of Indiana, Terre Haute Division. Chief Judge Jane Magnus-Stinson.
Civil. Finds the Southern District Court erred in finding that the public interest prevailed over the privacy interests of the individuals involved in evidence for Dustin Higgs’ murder of three women and should have refused disclosure of those documents pursuant to Freedom of Information Act Exemptions 6 and 7(C). Affirms that certain documents were properly withheld under FOIA Exemption 7(D).

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Monday.
USA v. Lindani Mzembe, et al.
16-4258, 17-1060, 17-1412, 17-2268 & 17-2269
Appeals from the United States District Court for the Northern District of Indiana, South Bend Division. Senior Judge Robert L. Miller Jr.
Criminal. Affirms Ivan Brazier’s 444-month sentence for conviction of kidnapping and making a ransom demand. Reverses and vacates Lindani Mzembe and Derek Fields’ 18 U.S.C. § 924(c) convictions and sentences for discharging a firearm in furtherance of a crime of violence, remanding their cases for resentencing based on later decisions issued by the U.S. Supreme Court and 7th Circuit Court of Appeals.

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Tuesday.
Eric Mapes v. State of Indiana
19-1384
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Jane Magnus-Stinson.
Civil. Affirms the Southern District Court’s refusal to recruit pro bono counsel for Eric Mapes. Finds the district judge did not abuse her discretion when she denied Mapes request for pro bono counsel, provided an opportunity to amend, and offered instructions on how best to do so without a lawyer.

Indiana Court of Appeals
A S v. R E, et al.
19A-AD-00240
Adoption. Affirms the Morgan Superior Court’s decree of adoption filed by grandparents R.S.E. and R.K.E. to adopt their minor grandchild C.A.H. against father A.C.S.’s wishes. Finds the trial court did not err in finding that father’s consent to the adoption was irrevocably implied pursuant to Indiana Code section 31-19-10-1.2(g) because he failed to appear for the final hearing. Chief Judge Nancy Vaidik dissents with separate opinion.

The following 7th Circuit Court opinions were posted after IL deadline Friday.
Damon Stepp v. Covance, Inc.
18-3292
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Senior Judge Sarah Evans Barker.
Civil. Vacates the entry of summary judgement in favor of Covance, Inc. against Damon Stepp in his retaliation and discrimination lawsuit. Finds a reasonable jury could conclude that Covance refused to promote Stepp to permanent status because of his complaints. Remands.