Opinions September 13, 2022 – The Indiana Advocate


Next 7e The Circuit Court of Appeals opinion was released Monday after the IL deadline:
Tonca Watters and Terence Watters v Bridgewater Reserve Owners Association, Kathryn Mamaril and Edward Mamaril
Appeal from the United States District Court for the Southern District of Indiana, Division of Indianapolis. Magistrate Judge Matthew P. Brookman.
Civil. Sets aside the grant of summary judgment to Kathryn and Edward Mamaril on Tonca and Terence Watters’ claims of discrimination under the Fair Housing Act and 42 USC § 1982, but affirms summary judgment for the association of owners at Bridgewater Reserve. Finds the Watters presented enough evidence to support their claims against the Mamrils. Also finds that the Watters provide no evidence directly linking the Mamarils’ actions to the HOA as a whole, nor provide any evidence to support their non-accommodation claim. Referrals for continuation of the procedure. Judge Amy St. Eve dissents in part with a separate opinion.

tuesday notice
Indiana Court of Appeals
Robert Charles Sisk v. State of Indiana (dec. memorial)
Criminal. Upholds Robert Sisk’s convictions of Criminal Harassment Level 4, Criminal Harassment Level 5, Criminal Intimidation Level 6, Class A Misdemeanor Domestic Battery and Misdemeanor Class B Criminal Mischief. Finds that Hamilton Superior Court does not did not abuse his discretion in admitting evidence. Also finds there was enough evidence to support Sisk’s conviction for Level 4 stalking.

Randy Lamont Sterling v. Indiana State (dec. brief)
Criminal. Affirms Randy Lamont Sterling’s 15-year sentence for felony rape level 3, being a repeat offender and violating the terms and conditions of his probation. Finds Sterling has failed to demonstrate that his placement in the Department of Corrections rather than Community Corrections is an outlier requiring correction.


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