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Opinions July 28, 2014

July 28, 2014
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The following 7th Circuit Court of Appeals opinions were posted after IL deadline Friday:
Toni Ball v. City of Indianapolis, et al.
13-1901
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Civil. Affirms District Court’s dismissal of Ball’s wrongful arrest complaints against police and municipal defendants, preserving only a Fourth Amendment claim against a detective that since has been removed to state court. Because the allegations of the complaint did not support Ball’s claims for relief except for her Fourth Amendment claims, the district court properly dismissed and granted judgment on the pleadings of those claims.

Che B. Carter v. Keith Butts
13-2466
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Criminal. Affirms denial of petition for habeas corpus. Holds that Carter, serving a 90-year sentence on convictions of burglary, robbery, rape and attempted murder, was not sufficiently prejudiced. Finds that the Indiana Supreme Court did not unreasonably conclude that Carter had not met the two-prong ineffective assistance of counsel test established in Strickland v. Washington, 466 U.S. 668 (1984).

Leonard Dewitt v. Corizon, Inc., et al.
13-2930
U.S. District Court for the Southern District of Indiana, Terre Haute Division, Judge William T. Lawrence.
Civil. Reverses denial of motions for recruitment of counsel and grant of summary judgment in favor of the defendant and remands so the court may recruit counsel so that  Dewitt can conduct further discovery in order to litigate his deliberate indifference case.

Indiana Court of Appeals
Bobby Alexander v. State of Indiana
49A04-1207-CR-351
Criminal. Reverse one of two convictions for Class B felony aggravated battery. Rules the state incorrectly asserted in the charging information and during closing arguments that Alexander’s actions of shooting at a car created a substantial risk of death. The statute clearly provides that the substantial risk of death must be created by the injury inflicted upon the victim and not by the defendant’s actions. Remands with instructions to enter judgment of conviction for battery as a Class C felony and to resentence accordingly.  

Chad Matthew McClellan v. State of Indiana
29A05-1401-CR-7
Criminal. Affirms conviction of Class C felony battery, holding that the evidence was sufficient for the jury to conclude that a stun gun was a deadly weapon for purposes of the battery with a deadly weapon statute.

Ashley Bell v. State of Indiana
49A02-1312-CR-1026
Criminal. Affirms conviction for Class A misdemeanor possession of marijuana. Finds Bell’s Fourth Amendment rights were not violated by the warrantless patdown search which led to the discovery of 10 baggies of marijuana. Rules that based on precedent, the smell of marijuana gave the police officer probable cause to conduct a patdown search.

J.P. v. G.M. and R.M.
38A02-1311-MI-960
Miscellaneous/grandparent visitation. Reverses order awarding maternal grandparents G.M. and R.M. visitation with their 3-year-old grandchild, finding that father J.P. was prejudiced by the denial of a motion for continuance after learning that grandparents were represented by counsel and he was not. Remands for a new hearing.

Uriah M. Levy v. State of Indiana (NFP)
34A04-1402-CR-67
Criminal. Affirms revocation of Levy’s probation.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of K.S., D.S., and N.S., Minor Children, and Their Father S.S., S.S. v. Indiana Department of Child Services (NFP)
49A02-1312-JT-1051
Juvenile. Affirms juvenile court’s order terminating father’s parental right to his three minor children.

Charles E. Decker v. State of Indiana (NFP)
84A01-1401-CR-19
Criminal. Affirms revocation of Decker’s probation and the trial court’s order that he serve the remaining four years of his sentence in the Indiana Department of Correction.  

Henry Lewis v. State of Indiana (NFP)
49A04-1307-PC-342
Post conviction. Affirms denial of Lewis’s petition for post-conviction relief.

The Indiana Supreme Court and Indiana Tax Court did not post any opinions by IL deadline. The 7th Circuit Court of Appeals did not submit any Indiana opinions by IL deadline.
 

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  1. I have had an ongoing custody case for 6 yrs. I should have been the sole legal custodial parent but was a victim of a vindictive ex and the system biasedly supported him. He is an alcoholic and doesn't even have a license for two yrs now after his 2nd DUI. Fast frwd 6 yrs later my kids are suffering poor nutritional health, psychological issues, failing in school, have NO MD and the GAL could care less, DCS doesn't care. The child isn't getting his ADHD med he needs and will not succeed in life living this way. NO one will HELP our family.I tried for over 6 yrs. The judge called me an idiot for not knowing how to enter evidence and the last hearing was 8 mths ago. That in itself is unjust! The kids want to be with their Mother! They are being alienated from her and fed lies by their Father! I was hit in a car accident 3 yrs ago and am declared handicapped myself. Poor poor way to treat the indigent in Indiana!

  2. The Indiana DOE released the 2015-2016 school grades in Dec 2016 and my local elementary school is a "C" grade school. Look at the MCCSC boundary maps and how all of the most affluent neighborhoods have the best performance. It is no surprise that obtaining residency in the "A" school boundaries cost 1.5 to 3 times as much. As a parent I should have more options than my "C" school without needing to pay the premium to live in the affluent parts of town. If the charter were authorized by a non-religious school the plaintiffs would still be against it because it would still be taking per-pupil money from them. They are hiding behind the guise of religion as a basis for their argument when this is clearly all about money and nothing else.

  3. This is a horrible headline. The article is about challenging the ability of Grace College to serve as an authorizer. 7 Oaks is not a religiously affiliated school

  4. Congratulations to Judge Carmichael for making it to the final three! She is an outstanding Judge and the people of Indiana will benefit tremendously if/when she is chosen.

  5. The headline change to from "religious" to "religious-affiliated" is still inaccurate and terribly misleading.

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