The following 7th Circuit Court of Appeals opinion was published after IL deadline on Tuesday:
United States of America v. Anthony Lomax, also known as ANT
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Senior Judge Sarah Evans Barker.
Criminal. Affirms Anthony Lomax’s 25-year sentence for heroin distribution and firearms offenses. Finds Lomax’s 28 U.S.C. § 2255 motion cannot be fairly read to include a claim for ineffective assistance of counsel during pretrial proceedings, so he has forfeited any argument related to that claim on appeal and forgiving that forfeiture is not warranted. Also finds Lomax’s prior attempted murder charge was a crime of violence.
Court of Appeals of Indiana
Megan Perry and Jonathon Perry v. Indiana Department of Child Services and Linzy Derucki
Civil tort. Affirms and reserves in part the dismissal of Megan and Jonathon Perry’s amended complaint against the Indiana Department of Child Services and Linzy Derucki for failure to state a claim upon which relief could be granted. Finds the Perrys’ federal civil rights violation and state-law defamation claims against Derucki were properly dismissed. Also finds the Perrys’ state-law negligence and defamation claims against DCS were improperly dismissed. Remands for further proceedings.
Michael Oldfield v. State of Indiana (mem. dec.)
Criminal. Affirms Michael Oldfield’s conviction of Level 3 felony possession of methamphetamine and his sentence to nine years, with eight years executed and one year suspended to probation. Finds the Putnam Circuit Court did not abuse its discretion in denying Oldfield’s motion for a competency evaluation.
David Didier v. State of Indiana (mem. dec.)
Criminal. Affirms David Didier’s enhanced 12-year sentence for his convictions of Level 4 felony unlawful possession of a firearm by a serious violent felon and being a habitual offender. Finds Didier’s conviction in Cause 112363 qualified as a predicate offense supporting the habitual offender determination. Also finds Didier’s offense in the instant case does not arise from the same res gestae as his offense in Cause 040008, so Cause 040008 may be used to support the finding that he is habitual offender in the instant case.
Robert Wayne Lowe v. State of Indiana (mem. dec.)
Criminal. Affirms the denial of Robert Wayne Lowe’s oral motion to withdraw his guilty plea. Finds the Fayette Circuit Court did not abuse its discretion.