Opinions Jan. 30, 2015

January 30, 2015

The following 7th Circuit Court of Appeals decision was posted after IL deadline Thursday:
United States of America v. Anthony Bailey
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge William T. Lawrence.
Criminal. Finds Bailey’s motion asking for a reduced sentence is best understood as a petition for relief under 28 U.S.C. Section 2255 for a sentence that was imposed contrary to the law. Based on Dorsey v. United States, Bailey should have been subject to a mandatory minimum sentence of only 10 years, instead of 20, after he pleaded guilty in 2011 to distributing crack cocaine. Remands for a new sentencing hearing.

Friday’s opinions
Indiana Court of Appeals

Adam Anthony Howe v. State of Indiana
Criminal. Affirms order denying Howe’s petition to modify a condition of his probation to allow him to have contact with his minor daughter, who witnessed an attack and shooting between Howe, the girl’s mother and the girl’s grandmother. There is a nexus between the no contact order and Howe’s crimes, and the girl is a person eligible for protection within the meaning of I.C. 35-38-2-2.3. Judge Robb concurs in result with separate opinion.

Thomas W. Burton v. State of Indiana (mem. dec.)
Criminal. Affirms convictions of Class B felonies dealing in a schedule II controlled substance and aiding in dealing in methamphetamine, and two counts of dealing in a schedule IV controlled substance as Class C felonies.

Gary Allen Gibson v. State of Indiana (mem. dec.)
Criminal. Affirms convictions and 16-year executed sentence for Class B felony aggravated battery and Class D felony criminal confinement.

Joseph Pohl v. State of Indiana (mem. dec.)
Criminal. Affirms aggregate 30-year sentence for convictions of two counts of Class B felony burglary and two counts of Class D felony theft.

Jon Colin Blauvelt v. State of Indiana (mem. dec.)
Post conviction. Affirms denial of petition for post-conviction relief.

Matthew R. Eden v. State of Indiana (mem. dec.)
Criminal. Affirms revocation of probation and imposition of Eden’s previously suspended sentence after he violated his probation for his conviction of Class C felony possession of a controlled substance.

Tony Frary v. State of Indiana (mem. dec.)
Criminal. Affirms conviction of Class D felony domestic battery.

In the Matter of the Termination of the Parent-Child Relationship of: M.B. (Minor Child) and S.B. (Father) v. The Indiana Department of Child Services (mem. dec.)
Juvenile. Affirms termination of father’s parental rights.