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Opinions Feb. 20, 2015

February 20, 2015

The following 7th Circuit opinion was posted after IL deadline Thursday:
7th Circuit Court of Appeals
Timothy W. Austin v. Andrew Pazera
14-2574
United States District court for the Northern District of Indiana, Hammond Division,
Judge James Moody.
Criminal. Reverses the denial of Austin’s petition for federal habeas corpus and remands with instructions to order the relief sought by the appellant. Austin was punished in a prison disciplinary proceeding for having attempted to traffic in tobacco. However, he appealed and the 7th Circuit agreed that he had been denied due process of law by being convicted without sufficient evidence.

Indiana Tax Court
Marineland Gardens Community Association, Inc. v. Kosciusko County Assessor
45T10-1210-TA-65 
Tax. Affirms Indiana Board of Tax Review’s denial of Marineland Gardens’ 2009 and 2010 property tax exemptions. Marineland failed to make a prima facie case that it was established for the purpose of retaining and preserving land and water for their natural characteristics as required under I.C. 6.1-1-10-16(c)(3).

Feb. 20 Opinions
7th Circuit Court of Appeals
Daniel J. Hall v. Carolyn W. Colvin

14-2498
United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Jane Magnus-Stinson.
Social Security disability. Reverses and remands denial of Social Security disability benefits to the Social Security Administration for further proceedings. Because the administrative law judge lacked a diagnostic test for Hall’s claimed pain, the determination resulting in a denial of benefits is without a foundation in substantial evidence.

Indiana Court of Appeals
Angela Lundy v. State of Indiana
49A02-1405-CR-307
Criminal. Reverses and remands the trial court order granting the Indiana Board of Pharmacy’s motion to quash Lundy’s subpoena. After being charged with Class D felony possession of a controlled substance, Lundy served a subpoena on the board, requesting a copy of her prescription records. The board claimed the information was confidential and the trial court found Lundy had not shown she could not get her prescription history elsewhere. This interlocutory appeal resulted and the COA ruled the particularity requirement is not to be construed strictly against the defendant but should be administered so as to maximize pretrial discovery.   

Kirsten L. Phillips v. State of Indiana
29A02-1407-CR-503
Criminal. Affirms Phillips’ conviction of reckless homicide, a Class C felony, and vacates her conviction of involuntary manslaughter, a Class D felony. Raising the double jeopardy issue sua sponte, the COA concluded Phillips cannot be convicted twice for causing the death of one individual. Also finds the trial court did not abuse its discretion in admitting certain evidence at trial and there was sufficient evidence to support her convictions.

Kevin Watson v. State of Indiana (mem. dec.)
49A02-1408-CR-536
Criminal. Affirms Watson’s conviction of Class A misdemeanor battery after a fight with his half-sister. Concludes that evidence is sufficient to rebut his self-defense claim.

In the Matter of: E.A., Jr., Child in need of Services, and E.A., Sr. (Father) and N.A. (Stepmother) v. The Indiana Department of Child Services (mem. dec.)
20A03-1410-JC-360
Juvenile CHINS. Remands to the trial court for more specific findings regarding its reasoning for the adjudication of E.A. as a child in need of services.

Larry Marshall v. State of Indiana (mem. dec.)
48A02-1406-CR-459
Criminal. Affirms the revocation of Marshall’s two-year work-release placement and two-year suspended sentence and the order for him to serve his sentence in the Indiana Department of Correction.  

Danny Lewis v. State of Indiana (mem. dec.)
29A04-1409-CR-440
Criminal. Affirms conviction of one count of invasion of privacy, as a Class A misdemeanor.

Keytron W. Johnson v. State of Indiana (mem. dec.)
02A05-1408-CR-370
Criminal. Reverses and remands the trial court’s denial of Johnson’s pro se petition seeking credit time for completing various education programs. Concludes the denial was premature and contrary to the procedure established in the post-conviction rules.  

David A. Brewster v. State of Indiana (mem. dec.)
01A02-1408-CR-559
Criminal. Affirms four-and-a-half-year sentence for pleading guilty to domestic battery, a Class D felony; disorderly conduct, a Class B misdemeanor under Cause Number 138; domestic battery, a Class D felony; and invasion of privacy, a Class A misdemeanor under Cause Number 184.

Troy Shawn Meyers v. State of Indiana (mem. dec.)
45A03-1405-CR-176
Criminal. Affirms conviction of Class C felony involuntary manslaughter.

Jesse Edward Atwood v. State of Indiana (mem. dec.)
73A01-1407-CR-324
Criminal. Affirms conviction of Class B misdemeanor disorderly conduct stemming from a physical altercation between Atwood and another jail inmate.

Imari Butler v. State of Indiana (mem. dec.)
49A04-1406-CR-284
Criminal. Affirms Butler’s adjudication as a habitual offender.

Charles M. Woolsey v. State of Indiana (mem. dec.)
19A01-1407-CR-301
Criminal. Reverses summary denial of Woolsey’s petition for post-conviction relief. Finds Woolsey pleaded sufficient facts to raise an issue of possible merit. Remands for further proceedings on his ineffective assistance of counsel claim.

 

 

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