7th Circuit Court of Appeals
Royce Brown v. John F. Caraway, Warden
U.S. District Court, Southern District of Indiana, Terre Haute Division, Judge William T. Lawrence.
Civil. Reverses denial of Brown’s petition for habeas corpus under 28 U.S.C. Section 2241 in which he argued under Begay v. United States, 553 U.S. 137 (2008), his prior Delaware conviction for arson in the third degree did not qualify as a crime of violence. Brown is entitled to relief, and under Begay, his prior conviction doesn’t qualify as “generic” arson under the enumerated crimes clause of the career offender guideline, nor is it covered by the residual clause. Remands with instructions to reduce his drug and firearm sentence to reflect that he is not a career offender under Section U.S.S.G. Section 4B1.1. Chief Judge Easterbrook issued a statement concerning the circulation under Circuit Rule 40(e).
Indiana Court of Appeals
Dwight L. Cobbs v. State of Indiana
Criminal. Affirms conviction of Class B felony dealing in cocaine. The trial court properly admitted the confidential informant’s testimony. Even if the court erred by admitting it, any error was harmless.
Roberto Barajas v. State of Indiana
Post conviction. Affirms denial of petition for post-conviction relief. Barajas failed to demonstrate prejudice by his trial counsel’s performance in light of the court’s advisements at his guilty plea hearing.
Bobby Alexander v. State of Indiana
Criminal. Dismisses appeal of conviction of Class B felony aggravated battery and remands with instructions for the trial court to enter a restitution order within 30 days of this opinion. The trial court never entered a restitution order, so the case is in procedural limbo.
Karina Wilson v. State of Indiana (NFP)
Criminal. Affirms sentence for Class A misdemeanor battery.
Term. of the Parent-Child Rel. of C.T. and D.T., minor children, and C.T., biological father, and K.P., biological mother: C.T. and K.P. v. Indiana Dept. of Child Services (NFP)
Juvenile. Affirms involuntary termination of parental rights.
Mr. Bults, Inc. D/B/A MBI v. Nathan Orlando (NFP)
Civil tort. Affirms negligence finding against Mr. Bults Inc. and $650,000 jury award.
In Re: The Paternity of V.A.; R.A. v. B.Y. (NFP)
Juvenile. Affirms order addressing custody, parenting time, child support and personal property issues. Remands for the court to rule on the issue of legal custody, father’s contempt petition, to clarify the factual basis for its child support order and to enter findings supporting the conclusion.
Daon L. Bellamy v. State of Indiana (NFP)
Criminal. Affirms conviction of Class D felony theft.
The Indiana Supreme Court and Tax Court posted no decisions by IL deadline.