7th Circuit Court of Appeals had posted no opinions at IL deadline.
Indiana Supreme Court and Indiana Tax Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Eriberto Quiroz v. State of Indiana
Criminal. Reverses Quiroz’s conviction of Class C felony child molesting because that conviction along with a Class A felony child molesting conviction constitutes double jeopardy as the same evidence supports both convictions. Remands for the trial court to vacate the Class C felony conviction. The trial court did not commit fundamental error in including in the jury instructions a copy of the charging information that included the counts against Quiroz that had previously been dismissed.
Bernard Short v. State of Indiana
Criminal. Affirms conviction of Class A misdemeanor operating a vehicle while intoxicated. The trial court did not abuse its discretion by admitting the results of the certified chemical breath test nor did it err by rejecting Short’s proposed jury instruction.
Keith Woodson v. State of Indiana
Post conviction. Affirms denial of petition for post-conviction relief. The post-conviction court was not clearly erroneous in finding that attorney Harper’s cross-examination of Owens and Johnson was not ineffective and that Harper was not ineffective for not attempting to procure the services of an eyewitness identification expert for Woodson’s second trial.
In the Matter of the Guardianship of John S. Zakrowski; Marsha L. Cummins v. Thomas L. Zakrowski (NFP)
Guardianship. Affirms denial of Cummins’ application for permission to participate in the guardianship proceedings.
S.D. v. B.D. (NFP)
Domestic relation. Affirms granting primary physical custody to mother. Reverses finding of contempt for father’s failure to pay for day care.
Sandra Rivas v. State of Indiana (NFP)
Criminal. Affirms conviction of Class D felony theft.
Jeffrey Roser v. Jennifer Roser (NFP)
Domestic relation. Affirms decision to lower father’s obligation to the minimum support obligation and remands for the trial court to revise the obligation to $18.
Daniel O'Reilly v. Ruth Doherty (NFP)
Domestic relation. Affirms order husband pay $30,000 of wife’s attorney fees.
Charles Smith v. State of Indiana (NFP)
Criminal. Affirms 20-year sentence for Class B felony dealing in a schedule II controlled substance.
Kenneth Willis Gibbs-El v. Arthur Hegewald (NFP)
Civil tort. Affirms dismissal of Gibbs-El’s complaint against a former employee of the Indiana Department of Correction.
Hawkins Auto Stores, Inc. v. Brent F. Hehr (NFP)
Small claim. Affirms order that Hawkins Auto Stores pay Hehr $3,395 for repayment of funds paid by Hehr for services he never received.
Joseph Apongule v. State of Indiana (NFP)
Criminal. Affirms conviction of Class C misdemeanor operating a vehicle while intoxicated.