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Opinions March 20, 2017

March 20, 2017
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The following 7th Circuit Court of Appeals opinion was posted after IL deadline Friday:
USA v. Jeffrey Rothbard
16-3996
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Richard L. Young.
Criminal. Affirms Jeffrey Rothbard’s sentence of 24 months in prison for one count of wire fraud, despite the fact that he is an older man suffering from serious health problems. Finds that the district court gave sound reasons for its chosen sentence. Also finds that the evidence in the record before the district court and supplemental information requested about the Bureau of Prisons’ ability to provide appropriate care shows that the nominal 24-month sentence will not “spell doom” for Rothbard. Judge Richard Posner dissents with separate opinion.

Indiana Court of Appeals
William Ryan v. State of Indiana (mem. dec.)
49A02-1606-CR-1468
Criminal. Affirms William Ryan’s conviction for Class B misdemeanor public intoxication. Finds that the evidence is sufficient to sustain Ryan’s conviction.

James Michael Cox v. State of Indiana (mem. dec.)
36A01-1604-CR-896
Criminal. Affirms James Michael Cox’s convictions for Class A misdemeanor resisting law enforcement, Class A misdemeanor possession of paraphernalia and Class B misdemeanor possession of marijuana. Finds that Cox’s constitutional arguments are waived for failure to make a cogent argument and that waiver notwithstanding, he did not present the same arguments to the trial court, thus leaving the Indiana Court of Appeals unable to address them. Also finds that the state presented sufficient evidence to support Cox’s convictions.

Kenneth Leon Wilson, Jr. v. State of Indiana (mem. dec.)
03A01-1608-CR-1963
Criminal. Affirms Kenneth Wilson’s sentence to two years in the Bartholomew County Jail for Level 6 felony strangulation. Finds that the Bartholomew Circuit Court did not abuse its discretion when it sentenced Wilson. Also finds that Wilson’s sentence is not inappropriate.

Brandon L. Jones v. State of Indiana (mem. dec.)
02A03-1610-CR-2349
Criminal. Affirms Brandon Jones’ convictions for dealing in cocaine as a Level 2 felony, possession of a narcotic as a Level 6 felony, possession of a controlled substance as a Class A misdemeanor and carrying a handgun without a license as a Class A misdemeanor. Finds that the Allen Superior Court did not err when it admitted evidence found on Jones after an officer conducted a pat-down search.

CHINS: Child Advocates, Inc., Guardian Ad Litem v. DT, et al. (mem. dec.)
49A02-1607-JC-1622
Juvenile CHINS. Dismisses Child Advocates, Inc.’s appeal of the transfer of a guardianship case from probate court to juvenile court and an order in a child in need of services case changing the child’s permanency plan from adoption to reunification. Finds that as to the guardianship case, the transfer order is not a final and appealable order and that, further, Child Advocates requested that the transfer take place, so any error was invited. Also finds that as to the CHINS case, the permanency plan is not a final and appealable order. Finally, finds that as to both cases, the CHINS case has been closed and the guardianship case has been voluntarily dismissed by Child Advocates, so the Indiana Court of Appeals can offer no effective relief to the parties and the case is, therefore, moot.

RW v. GB (mem. dec.)
82A01-1610-AD-2314
Adoption. Affirms the Vanderburgh Superior Court’s order granting the petition filed by G.B. to adopt R.W.’s biological son, L.W. Finds that R.W. has waived his argument that the trial court erred in finding that his consent to the adoption was not required based on a reason not alleged in the adoption petition because he did not object at trial.

Termination: RW, et al. v. Indiana Department of Child Services (mem. dec.)
02A03-1609-JT-2137
Juvenile termination of parental rights. Affirms the termination of R.W.’s parental rights to S.W. and the termination of E.R.W.’s parental rights to D.H. and S.W. Finds that the evidence is sufficient to support the termination of R.W. and E.R.W.’s parental rights.
 

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