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Aug 8, 2017

Sufficiency of Evidence and Denial of Pre-trial Motions

The government brought charges related to a methamphetamine‐distribution conspiracy in southern Indiana against nineteen people, fifteen of whom pled guilty to at least one charge.

Aug 8, 2017

Suppression of Evidence

As Castetter saw things, Michigan’s police lack authority to monitor the location of a car in Indiana, no matter what the Michigan warrant says.

Aug 8, 2017

Postconviction Statue of Limitations – Equitable Tolling

During a drug deal that went bad, shots were fired and Gregory Jones was fatally wounded.

Aug 8, 2017

Plea Agreement – Competency

Anderson’s plea agreement prevented him from directly appealing his conviction and sentence, but he was nonetheless entitled to file a motion for collateral relief under 28 U.S.C. § 2255.

Aug 8, 2017

Sufficiency of Evidence

This case involves the unfortunate meeting of a hapless retired baseball player seeking to invest his earnings, a self‐described “con man” who claims to be reformed, persons running a Ponzi scheme, and a man who “had no business handling the investment finances of others.”

Aug 8, 2017

Sufficiency of Evidence

Michele Nischan alleges that she was fired from her job for filing a sexual‐harassment complaint.

Aug 8, 2017

Petition for Habeas Corpus Dismissed

Russell Prevatte was convicted of detonating a pipe bomb in an alley that destroyed property and resulted in the death of an innocent bystander, Emily Antkowicz, in violation of 18 U.S.C. § 844(i).

Aug 8, 2017

Court Error – Judgment Modification

We have cross-appeals. The Common Council asks us to hold that all of the recordings may be disclosed and the individual parties that none may be.

Aug 8, 2017

Sentencing Guidelines

While the government is correct that the INA generally strips us of jurisdiction to consider an appeal of a Final Administrative Removal Order (“FARO”), we retain jurisdiction to determine whether the underlying conviction upon which the FARO is based is an aggravated felony.

Aug 8, 2017

Court Error – Claim Preclusion

Berry argues that the district court erred by dismissing his suit on the basis of preclusion.

Aug 8, 2017

Sufficient Factual Allegations

In his complaint, Groshek alleged that Appellees violated § 1681b(b)(2)(A)(i). As the predicate for his claimed statutory and punitive damages, he alleged that this violation was willful.

Aug 8, 2017

Ineffective Assistance of Counsel

Chas Harper, an Indiana prisoner, seeks habeas relief under 28 U.S.C. § 2254 claiming that his attorney on direct appeal was constitutionally ineffective because he failed to adequately develop an argument that Harper’s sentence warranted revision under Rule 7(B) of the Indiana Rules of Appellate Procedure.

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