Opinions March 29, 2022 – The Indiana Advocate

Next 7and The Circuit Court of Appeals opinions were released after the IL deadline on Monday.
Alhadji F. Bayon c. Marshall Berkebile, et. Al
Appeal from the United States District Court for the Southern District of Indiana, Division of Indianapolis. Judge Richard L. Young.
Civil. Denies the appeal seeking summary judgment to be granted to Indianapolis police officers Marshall Berkebile, Matthew York and Robbin Myers for qualified immunity following the police shooting of Alhadji F. Bayon. Finds that there are material facts which are disputed in the events and which a reasonable jury could conclude that Bayon surrendered before he was shot. Finds that the Court of Appeals lacks jurisdiction to overturn the Southern District Court’s dismissal of the motion. Bayon will recover the appeal costs.

United States of America v. Robert Nieto and Darrick P. Vallodolid
19-2209, 19-3408
Appeals from the United States District Court for the Northern District of Indiana, Hammond Division. Judge Philip P. Simon.
Criminal. Upholds the convictions of Robert Nieto and Darrick P. Vallodolid for racketeering and drug conspiracy and their life sentences. Finds that the District Court did not err in dismissing the Batson challenge. Also finds that the evidence was sufficient to support the convictions and that the District Court did not err in admitting the evidence. Finally, finds that the District Court did not err in law in imposing life sentences.

tuesday notice
Indiana Court of Appeals
U.S. Automatic Sprinkler Corporation v. Erie Insurance Exchange, Travelers Indemnity Company of Connecticut c/o Sycamore Springs Surgical Center, LLC, Dr Nancy Pruett, DDS and 3D Exhibits, Inc.
Civil tort. Upholds Marion’s Superior Court dismissal of US Automatic Sprinkler Corp’s motion for summary judgment. against the Travelers Indemnity Company of Connecticut. Finds that the waiver of subrogation in Automatic Sprinkler’s contract with Sycamore Springs Surgical Center does not apply because the sprinkler company performed the work at the owner’s request and not under its contract with the surgery center. Rescinds Automatic Sprinkler’s motion for summary judgment against Erie Insurance Exchange, Nancy Pruett, DDS and 3D Exhibits. Hold it under Citizen Gas & Coke Utility c. American Economy Insurance Company., 486 NE2d 998 (Ind. 1985) the requirement of confidentiality is still binding in the context of property damage.

Kyle N. Doroszko v. State of Indiana
Criminal. Affirms Kyle Doroszko’s conviction for felony level 5 manslaughter. Finds that although the Superior Court of St. Joseph erred in not allowing Doroszko or his attorney to directly question prospective jurors, any error was harmless. Finds that Doroszko has not demonstrated that he was prejudiced by the court’s voir dire procedure. Also finds that the trial court did not abuse its discretion when admitting Doroszko’s confession into evidence.

Deon M. Sanders v. State of Indiana (dec. brief)
Criminal. Affirms in part, reverses in part the 30-year total sentence of Deon M. Sanders for conviction for serious bodily injury level 3 and felony level 5 carrying a handgun without a license. Reverses the judgment and sentence for the felony level 5 and remands with instructions to set aside that conviction and sentence and enter the judgment and sentence for the felony as a class A misdemeanor. Finds that the trial court trial did not commit a fundamental error in its charge to the jury. Finds that his sentence is not inappropriate.

Roland L. Smith v. Indiana State (dec. brief)
Criminal. Confirms Roland Smith’s felony level 3 conviction involving a controlled substance. Finds that the trial court did not abuse its discretion when it admitted State Exhibits 15 and 30 into evidence. Find enough evidence to support Smith’s conviction. Finds no abuse of trial court discretion in Smith’s conviction.

Warren Parks v. Lisa Bloc and Brandon Pherson (dec. mem.)
Various. Upholds Putnam Circuit Court’s summary judgment in favor of Aramark Correctional Services, LLC employees Lisa Bloc and Brandon Pherson in Warren Parks’ action for violation of his right to religious freedom as a Hebrew Israelite after they served him unleavened bread during the Passover and forced him to pick up his food on the Sabbath day, breaking the tenant if he rested on the Sabbath day. Finds Parks did not present a convincing argument as to how the trial court erred.

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