Opinions July 29, 2015

July 29, 2015
KEYWORDS Opinions / neglect

7th Circuit Court of Appeals
United States of America v. Robert L. Lee
Appeal from the U.S. District Court for the Northern District of Indiana, South Bend Division.
Judge Robert L. Miller
Affirms revocation of supervised release for violation of terms due to commission of a crime. Rejects Lee’s argument that due process under the Fifth Amendment and Federal Rule of Criminal Procedure 32.1 requires citation to a specific statute to provide written notice of the alleged violation.

Indiana Court of Appeals
Town of Whitestown, Indiana v. Rural Perry Township Landowners
Miscellaneous. Reverses trial court’s order granting the remonstrators’ petition to defeat the annexation of nearly 622 acres in Perry Township. Remands with instructions to enter judgment in favor of Whitestown. Finds the trial court too narrowly interpreted the annexation statute’s requirement that development of the annexed area occur in the reasonably near future. Rules the annexation will not impose a significant financial impact on the remonstrators.

In re the Custody of: M.B. b/n/f Stephanie Choate and Dustin Choate v. Shalena Barnes and Stephen West

Miscellaneous. Affirms dismissal of independent action seeking custody of Stephanie Choate’s niece, who the Department of Child Services placed in foster care after she was adjudicated a child in need of services. The trial court had no jurisdiction over the exclusive action that was filed after the Choates were denied a motion to intervene in the CHINS case, a decision they did not appeal.

In Re the Marriage of: Amy Steele-Giri v. Brian K. Steele
Domestic. Judges Patricia Riley and L. Mark Bailey reverse order denying mother Amy Steele-Giri’s petition for modification of custody of minor child J.S. and rule to show cause. Grants physical custody of J.S. to mother and remands to the trial court for a determination whether joint custody would be in J.S.’s best interest. Reverses denial of mother’s petition for rule to show cause, finding father in contempt, and remanding for determination of mother’s monetary damages, if any. Dissenting Judge Michael Barnes suggested the majority reweighed the evidence and that this was not a case in which the evidence compelled the modification of custody to mother and longstanding precedence requires the appellate court to defer to the trial court’s assessment of evidence, primarily a guardian ad litem’s testimony that both mother and father “are good involved parents.”
William Goodwin v. State of Indiana (mem. dec.)
Infraction. Affirms, in part, trial court determination that Goodwin is guilty of Class C infraction following too closely. Remands to the trial court for further proceedings to address the issue of waiver of the right to be present at trial.

Billy L. Haymaker v. Victoria L. Haymaker (mem. dec.)
Domestic. Affirms, in part, and reverses, in part, division of marital estate, remanding to the trial court for recalculation of the final distribution of the martial estate.

Yorel M. Wallace v. State of Indiana (mem. dec.)
Criminal. Dismisses appeal of revocation of probation.

Connie Kidd v. State of Indiana (mem. dec.)
Criminal. Affirms conviction of Class D felony operating a vehicle while intoxicated. Remands to amend Kidd’s abstract of judgment to clarify only one conviction was entered against her.

Cornelius T. Banks v. State of Indiana (mem. dec.)
Criminal. Affirms 15-year sentence for conviction of Class B felony dealing cocaine.