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Opinions July 24, 2013

July 24, 2013

7th Circuit Court of Appeals
Troy R. Shaw v. Bill Wilson
12-1628
U.S. District Court, Southern District of Indiana, Terre Haute Division, Judge Jane Magnus-Stinson.
Civil. Vacates denial by District Court to grant Shaw’s petition for writ of habeas corpus and orders the federal court to grant it unless the state of Indiana grants Shaw a new direct appeal in which he will have the opportunity to advance the argument that his appellate counsel should have raised. This is one of the rare cases in which counsel’s performance fell below the constitutional minimum, and the Indiana appellate court’s conclusion otherwise was an unreasonable application of Supreme Court precedent.

Indiana Court of Appeals
Cynthia Sugg v. State of Indiana
31A05-1208-CR-397
Criminal. Affirms convictions of dealing in methamphetamine1 as a Class B felony, maintaining a common nuisance as a Class D felony, possession of methamphetamine as a Class D felony, possession of chemical precursors as a Class D felony, possession of marijuana as a Class A misdemeanor, and possession of paraphernalia as a Class A misdemeanor and sentence of an aggregate term of 10 years. The police officers’ conduct was reasonable throughout the investigation, and the trial court properly admitted the evidence at trial.

Michael Simpson v. State of Indiana (NFP)
65A04-1210-CR-555
Criminal. Affirms conviction of Class C felony child molesting.

In Re the Termination of the Parent-Child Relationship of K.C. (Minor Child) and J.P. (Father) v. Indiana Department of Child Services (NFP)
26A01-1212-JT-555
Juvenile. Affirms involuntary termination of parental rights.

Zane Payton v. State of Indiana (NFP)
47A01-1211-CR-512
Criminal. Affirms conviction of Class B felony robbery and 12-year sentence. Reverses the trial court’s restitution award and remands with instructions to hold a new restitution hearing.

Christopher Battishill v. State of Indiana (NFP)
64A05-1211-CR-589
Criminal. Affirms convictions of Class C felony intimidation and Class B misdemeanor disorderly conduct.

Robert P. Benavides v. State of Indiana (NFP)
18A04-1210-PC-511
Post conviction. Affirms denial of petition for post-conviction relief.
 
Hubbard Hill Estates, Inc., v. R. Wyatt Mick, Jr., individually and, as personal representative of the Estate of Harriet M. Seilon, Deceased (NFP)
20A03-1301-SC-24
Small claim. Reverses judgment in favor of Mick Jr. for overpaid rent from Harriet M. Seilon’s account at the Hubbard Hill retirement community. The Elkhart Superior Court issued a total award of $3,150 plus costs, awarding $729.19 to Mick personally and $2,420.81 to the estate. Judge Baker dissents.

Donte Carter v. State of Indiana (NFP)
49A02-1301-CR-10
Criminal. Affirms conviction of Class A misdemeanor battery on a law enforcement officer.

Robert L. Pickens v. State of Indiana (NFP)
43A04-1304-CR-170
Criminal. Affirms denial of motion to correct erroneous sentence.

The Indiana Supreme Court and Tax Court posted no decisions by IL deadline.
 

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