Opinions March 9, 2016

March 9, 2016

The following 7th Circuit Court of Appeals opinions were posted after IL deadline Tuesday:
United States of America v James A. Thomas
United States District Court for the Northern District of Indiana, Fort Wayne Division, Judge Theresa L. Springmann.
Criminal. Affirms the process used to determine James Thomas’ sentence for possession of cocaine with intent to distribute did not violate his Fifth Amendment due process rights.

United States of America v Anthony Lomax, Demond Glover and Brandon Lomax
14-2811, 14-3189, 14-3684
United States District Court for the Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Criminal. Affirms Brandon Lomax and Demond Glover conspired to possess with the intent to distribute 1,000 grams or more of heroin. Remands Anthony Lomax’s case for a new trial to include buyer-seller relationship with Brandon Lomax. Affirms Brandon Lomax’s enhancement for two prior drug convictions. Holds mistake in Demond Glover’s sentencing was harmless and upholds his sentence.

Wednesday's opinions

Indiana Court of Appeals
David Lee Marshall v. State of Indiana
Criminal. Affirms the denial of David Lee Marshall’s petition for expungement, holding the trial court could properly find, based upon Marshall’s own admission, that he had committed a crime in the relevant time period and was not entitled to the requested relief.  

Freddie L. Webb v. Thomas A. Yeager
Civil collection. Affirms summary judgment in favor of Thomas Yeager and against Freddie Webb regarding restitution Webb was ordered to pay.

Selah Academy, Inc. Aquanatte Ruffin, and Lawrence Ruffin v. Jackqueline Jones (mem. dec.)
Civil plenary. Affirms denial of motion to set aside default judgment entered against Selah Academy.

Jason A. Wilson v. State of Indiana (mem. dec.)
Criminal. Affirms Jason Wilson’s convictions of two counts carrying a handgun without a license and one count of unlawful transfer of a handgun as Class C felonies, and one count of driving while suspended as a Class A misdemeanor.

Christopher Jones v. State of Indiana (mem. dec.)
Criminal. Affirms conviction and sentence for battery, a Class A misdemeanor.

In the Matter of the Term. of the Parent-Child Relationship of: B.B., N.B., J.B., and D.B., (the Children) and N.B. (Mother) v. Ind. Dept. of Child Services (mem. dec.)
Juvenile. Affirms termination of mother’s parental rights.

Jerimia J. Heffner v. State of Indiana (mem. dec.)
Criminal. Affirms Jerimia Heffner’s conviction for intimidation as a Level 6 felony.

In Re: The Marriage of: Christine Toney v. Edward Thomas (mem. dec.)
Domestic relations. Affirms order modifying physical custody of child to father instead of mother.

Morris Odis Davis, Jr. v. State of Indiana (mem. dec.)
Criminal. Reverses Morris Odis Davis Jr.’s conviction for carrying a handgun without a license, a Class C felony. COA found the court abused its discretion by admitting the gun into evidence because Davis’ detainment amounted to an arrest unsupported by probable cause. Judge Edward Najam dissented, saying the officer’s concern that he or another person’s safety may have been in danger was enough to justify the officer’s pat-down search.

In the Matter of the Term. of the Parent-Child Relationship of: M.S., A.S., El.S., & Ev.S. and S.S. (Mother) and R.S. (Father) v. Ind. Dept. of Child Services (mem. dec.)
Juvenile. Affirms termination of parental rights.  

Michael Johnson v. State of Indiana (mem. dec.)
Criminal. Vacates convictions and sentences for strangulation and battery in the presence of a child leaving in place domestic battery conviction, saying the other convictions constitute double jeopardy.

Marcus Cotton v. State of Indiana (mem. dec.)
Criminal. Affirms Marcus Cotton’s convictions for dealing in cocaine, a Level 2 felony; possession of cocaine, a Level 3 felony; possession of a narcotic drug, a Level 6 felony; and maintaining a common nuisance, a Level 6 felony.

Duriel Jareau Williams v. State of Indiana (mem. dec.)
Criminal. Affirms Duriel Jareau Williams’ conviction of murder.