Opinions July 23, 2015

July 23, 2015

7th  Circuit Court of Appeals
The following opinion was issued after IL deadline Wednesday.
United States of America v. Joseph B. Miller
Appeal from the United States District Court for the Northern District of Indiana.
Judge James T. Moody.
Criminal. Affirms bank robbery conviction, holding that neither an FBI agent’s alleged misstatements nor defense counsel’s purported errors in failing to suppress certain evidence affected the outcome of the trial.

July 23, 2015
United States of America v. Emanuel T. Newman
15-1326 and 15-1474
Appeal from the U.S. District Court for the Northern District of Indiana, South Bend Division; Judge Robert L. Miller.
Criminal. Reverses an amended sentence of 472 months in prison for Emanuel T. Newman, who previously had been resentenced to 348 months under the reduced sentencing guidelines for distributing powder cocaine. In the early 1990s, Newman was sentenced to 540 months in prison for distributing 40 to 50 kilograms of cocaine. Newman appealed his conviction in light of the sentencing guideline changes, which the government did not contest, and he was resentenced to 348 months in prison. A month later, the judge again amended the order, reimposing a sentence of 472 months. The judge lacked such authority. Remanded to the District Court to impose a sentence of not more than 348 months.

Indiana Court of Appeals
Shawn Wilson v. State of Indiana
Criminal. Affirms 65-year executed sentence and convictions of murder, felony murder, Class C felony robbery and Class C felony carrying a handgun without a license. A witness’s prior inconsistent statements were not improperly admitted. A witness statement alleging a second person’s involvement in the crime was inadmissible hearsay. The evidence against Wilson was sufficient to affirm his convictions, and the sentence was not inappropriate.

Michael Daugherty v. State of Indiana (mem. dec.)

Criminal. Affirms conviction of Class B misdemeanor criminal mischief.

George McDade v. State of Indiana (mem. dec.)
Criminal. Affirms conviction of Level 5 felony battery against a public-safety official and two counts of Class A misdemeanor resisting law enforcement.