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Opinions Oct. 7, 2015

October 7, 2015

7th Circuit Court of Appeals
Tom Allen Manuel v. J.A. Terris
15-1392
U.S. District Court, Southern District of Indiana, Terre Haute Division. Judge Jane Magnus-Stinson.
Civil. Affirms denial of petition for habeas corpus, directed at the prison warden, for a reduction of Manuel’s prison sentence. The period that Manuel wants credited against his federal sentence had already been credited toward his state sentence.

Indiana Supreme Court
Aadil Ashfaque v. State of Indiana
49S02-1505-CR-288
Criminal. Reverses denial of motion to dismiss charges of dealing in and possession of a synthetic drug, XLR11. The statutes involved are not unconstitutional, but the charges must be dismissed for failure to include the Indiana Pharmacy Board’s emergency rule, which declared XLR11 a synthetic drug, in the charging information. Remands for further proceedings.

Christopher Tiplick v. State of Indiana
49S04-1505-CR-287
Reverses denial of motion to dismiss charges of dealing in, selling and possession of a synthetic drug, XLR11. The statutes involved are not unconstitutional, but the charges must be dismissed for failure to include the Indiana Pharmacy Board’s emergency rule, which declared XLR11 a synthetic drug, in the charging information. Affirms denial of motion to dismiss charges under the look-alike statutes. Remands for further proceedings.

Indiana Court of Appeals
Steven M. Kelly v. Rebecca J. Kelly
57A03-1502-DR-45
Domestic relation. Reverses order husband must pay wife $2.4 million based on terms of a 1997 property settlement agreement in which husband agreed to pay wife $300,000 a year until 2014. The trial court failed to consider property settlement agreements entered into in 1999 and 2003, in which husband advanced or loaned money to wife from the amounts she would be entitled to receive under the 1997 PSA. Remands for further proceedings.

Quentin J. Abbott v. State of Indiana (mem. dec.)
34A05-1412-PC-604
Post conviction. Affirms denial of petition for post-conviction relief.

Joshua Comer v. State of Indiana (mem. dec.)
15A04-1503-CR-102
Criminal. Affirms sentence for class B felony dealing in a narcotic drug.

Shepell Orr v. State of Indiana (mem. dec.)
45A04-1503-PC-87
Post conviction. Affirms denial of petition for post-conviction relief.

Brian Andert v. State of Indiana and Bruce Lemmon, in his official capacity as Commissioner of the Indiana Department of Correction (mem. dec.)
33A01-1503-MI-90
Miscellaneous. Affirms denial of verified motion for preliminary injunction.

Jacob Lacy Higgins v. State of Indiana (mem. dec.)
82A01-1409-CR-426
Criminal. Affirms convictions and sentence for Class D felony criminal recklessness and Class D felony failure to return to the scene of an accident resulting in serious bodily injury.

Robert Griffin v. State of Indiana (mem. dec.)
71A03-1504-CR-144
Criminal. Affirms murder conviction.

Kaleigh Hix v. State of Indiana (mem. dec.)
49A04-1502-CR-70
Criminal. Affirms convictions of Class B misdemeanors disorderly conduct and public intoxication.

Antionne Lamar Brewster v. State of Indiana (mem. dec.)
06A01-1502-CR-66
Criminal. Affirms conviction of Level 6 felony domestic battery.

Geoff Gustafson v. Ami Leigh Gomez (Winebrenner) (mem. dec.)
02A03-1502-JP-59
Juvenile. Affirms denial of motion to modify court order relating to postsecondary educational expenses.

Bernard Johnson, Jr. v. State of Indiana (mem. dec.)
71A04-1502-CR-60
Criminal. Affirms conviction of Class C felony possession of cocaine.
 

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