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Opinions Oct. 28, 2014

October 28, 2014
KEYWORDS Opinions / neglect

The following 7th Circuit Court of Appeals opinions were posted after IL deadline Monday:
United States of America v. Trevor Hinds
13-3543
U.S. District Court, Southern District of Indiana, New Albany Division, Judge Tanya Walton Pratt.
Criminal. Affirms two-level sentencing enhancement for production or trafficking under U.S.S. G. 2B1.1(b)(11)(B)(i). Hinds’ crime involved the production of counterfeit access devices (credit cards) and the court did not err in applying the enhancement. Vacates the two special conditions imposed: that Hinds pay a portion of the court-ordered substance abuse treatment and drug testing and that he submit to suspicionless searches and seizures. The court did not make a finding whether Hinds could pay for the testing, and the government concedes that the search and seizure condition is unlawfully broad and invasive.

Frederick V. Greene v. United States Department of Education
13-3257
U.S. District Court, Northern District of Indiana, Hammond Division at Lafayette. Judge Joseph S. Van Bokkelen.
Civil. Affirms that the Department of Education’s counterclaim seeking payment of Greene’s student loans is not barred. The government’s claim for repayment and Greene’s quest for cancellation of the debt by reason of undue hardship had a common origin – the student loans.

Tuesday’s opinions:
Indiana Court of Appeals

Jason D. Swallow v. State of Indiana
89A01-1401-CR-24
Criminal. Affirms murder conviction and 60-year sentence. The trial court was not obligated to appoint a special prosecutor, admitting Swallow’s statement he was a drug dealer was not error, there was sufficient evidence to support the conviction and his sentence is appropriate.

LBM Realty, LLC, d/b/a Summer Place Apartments, an Indiana Corporation v. Hillary Mannia, an Indiana Resident
71A03-1402-PL-66
Civil plenary. Affirms in part and reverses in part decision that tenant Mannia is not responsible for $743,402.86 in damages caused by her negligence. Affirms judgment to the extent that the insurance claim in that amount is for damages to areas beyond the leased premises, but reverses with respect to damage to the leased premises. Adopts the case-by-case approach for subrogation actions by a landlord’s insurer against a tenant.

In Re the Adoption of: I.B. and W.B., (Minor Children) and B.B. v. B.C. & J.L., and The Indiana Department of Child Services
82A05-1402-AD-65
Adoption. Affirms grant of maternal grandmother and her fiancé’s petitions to adopt I.B. and W.B. Finds I.C. 31-19-11-1(c), which should bar grandmother from adopting because of a past felony conviction, is unconstitutional as applied and grandmother’s 1997 conviction for Class D felony neglect of a dependent cannot be dispositive. It is in the best interests of I.B. and W.B. to be adopted by grandmother and her fiancé.

Paul Allen Decker v. State of Indiana
53A01-1402-CR-90
Criminal. Affirms denial of Decker’s motion to suppress. The detective had probable cause to arrest Decker on charges of possession of child pornography based on interviews with witnesses at the public library. That arrest led to charges of two counts of Class A felony child molesting, four counts of child molesting as Class C felonies, and Class D felony performing sexual conduct in the presence of a child.

Arthur Dale Miller v. State of Indiana
38A02-1403-CR-141
Criminal. Dismisses Miller’s appeal of the denial of his motion to hold the Jay County Sheriff in contempt for failing to transport him to the Department of Correction within five days of his sentencing. The trial court did not have jurisdiction to rule on the contempt motion based on Miller’s lack of standing and because his challenge was rendered moot when he was transferred to the DOC.

Harry H. Robertson v. State of Indiana (NFP)
82A01-1405-CR-231
Criminal. Reverses denial of petition for post-conviction relief and remands with instructions.

Antonio Manuel v. State of Indiana (NFP)

49A04-1402-CR-73
Criminal. Affirms conviction of Class B misdemeanor public intoxication.

Remington Diaz v. State of Indiana (NFP)
84A01-1403-CR-149
Criminal. Affirms order revoking probation and requiring Diaz to serve the balance of his previously suspended sentences under two different causes in the Department of Correction.

In Re the Marriage of Reba M. Dunagan and Joseph Dunagan, Joseph Dunagan v. Reba Michele Dunagan (Clinkenbeard) (NFP)
84A01-1312-DR-541
Domestic relation. Affirms order regarding multiple petitions filed by both parties related to child support, including finding father in contempt.

Good Earth Natural Foods, and Patrick Skowronek v. Metropolitan Development Commission, City of Indianapolis and Broad Ripple Associates, LLC (NFP)
49A04-1403-PL-120
Civil plenary. Affirms dismissal of complaint filed by remonstrators seeking judicial review of a zoning decision.  

Jeffrey R. Hill v. State of Indiana (NFP)
20A03-1404-CR-132
Criminal. Affirms 120-year sentence following guilty plea to Class A felony robbery, Class A felony burglary, Class B felony conspiracy to commit burglary, and Class B felony criminal confinement.

In the Matter of the Termination of the Parent-Child Relantionship of : G.B,, D.B., Li.B., C.B., & Z.B., Minor Children and L.B., Father v. The Indiana Department of Child Services (NFP)

47A05-1405-JT-194
Juvenile. Affirms involuntary termination of father’s parental rights.

 

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