Opinions April 26, 2016

Keywords neglect / Opinions

These 7th Circuit Court of Appeals decisions came in after IL deadline Monday:
Angel Houston v. C.G. Security Services Inc.
United States District Court for the Southern District of Indiana, Indianapolis Division, Judge William T. Lawrence.  
Civil. Affirms Angel Houston is entitled to attorney fees in case where she was not successful in her suit against a company for breach of contract. C.G. conducted discovery in bad faith in the case.

Brian Herron v. Douglas Meyer
United States District Court for the Southern District of Indiana, Terre Haute Division, Judge Jane Magnus-Stinson.
Civil. Vacates decision dismissing prisoner Brian Herron’s claim that his First Amendment rights were violated and which granted immunity to a guard on his claim his Eighth Amendment rights were violated. Remands decision after the 7th Circuit found Herron was entitled to damages and the guard in charge of him retaliated after he filed too many complaints.

Tuesday’s decisions
Indiana Supreme Court
William Bowman v. State of Indiana
Criminal. Affirms conviction of Class A felony dealing in a narcotic drug within 1,000 feet of a school property and being a habitual substance offender. The evidence was sufficient to sustain William Bowman’s conviction despite a second baggie of evidence not being tested to prove it was heroin after a first bag of heroin was tested.

In the Matter of the Term. of the Parent-Child Relationship of: N.G., L.C., & M.C. (Minor Children), and A.C. and J.G. (Their Parents) A.C. (Mother) v. Ind. Dept. of Child Services
Juvenile. Affirms termination of parental rights. The trial court’s findings were supported by the evidence as was the court’s determination that termination of parental rights was in the best interests of the children. Mother waived her appellate argument that the Department of Child Services knew or should have known that therapy sessions for two children were videotaped but failed to provide the recordings when a subpoena was issued for them.

Indiana Court of Appeals
Christopher C. Norris v. State of Indiana
Criminal. Affirms Christopher Norris’ conviction of Level 5 felony battery. Finds that video testimony by a protected person is allowed, as were testimonies from three people who had interactions with the protected person.

Marion County Election Board and Marion County Board of Voter Registration v. Gregory Bowes, Mark King, Paul Ogden, Zach Mullholland, and Brian Cooper
Civil plenary. Reverses trial court’s order awarding compensation to Gregory Bowes after he won a pro se decision against Marion County under the APRA. Finds because Bowes litigated pro se he is not entitled to attorney fees or compensation.

Richard Scott Lambert v. Michael Shipman and Kent Abernathy
Miscellaneous. Affirms denial of  petition for rescission of a lifetime suspension of driving privileges. The panel found the significance that the trial court placed on Richard Lambert’s history that included multiple violations of lifetime suspensions was within its discretion. This also supported the determination that rescission of his lifetime suspension was not in the best interests of society and was not unreasonable. The court rejected Lambert’s argument that a trial court retains discretion and that a petition for relief from a lifetime suspension under I.C. 9-30-10-14.1 is not automatic.

Joshua H. Field v. State of Indiana
Criminal. Affirms convictions of Level 5 felony intimidation and Class A misdemeanor theft. The trial court was within its discretion to replay a recording of a 911 call for the jury during deliberations, and the evidence was sufficient to support the convictions.

Bryan N. Myers v. State of Indiana (mem. dec.)
Criminal. Reverses denial of Bryan Meyers’ motion for discharge of his four Class A felony drug dealing charges and remands for evidentiary hearing. There is not enough evidence to rule on the motion.

In the Term. of the Parent-Child Relationship of: I.C. (Minor Child) and J.C. (Mother) v. The Ind. Dept. of Child Services (mem. dec)
Juvenile. Affirms termination of mother’s parental rights.

James Chaplin v. J.S. (mem. dec.)
Protection order. Affirms grant of order of protection to J.S.
Lavonte A. Wilderness v. State of Indiana (mem. dec.)
Criminal. Affirms Lavonte Wilderness’ convictions and sentence for rape as a Level 1 felony, criminal confinement as a Level 5 felony and strangulation as a Level 6 felony.

In the Matter of the Term. of the Parent-Child Relationship of: R.H., C.H., and M.H., K.G. (Mother) v. Ind. Dept. of Child Services (mem. dec.)
Juvenile. Affirms termination of mother’s parental rights.

Franklin E. Heathscott v. State of Indiana (mem. dec.)
Criminal. Affirms Franklin Heathscott’s sentence for Level 5 felony operating a motor vehicle while privileges are forfeited for life.

In re the Guardianship of K.K.L., C.T.L., Q.C.L., and A.S.L. (minor children), Dorothy Denise Carroll (mem. dec.)
Guardianship. Reverses order removing Dorothy Denise Carroll from the guardianship of the children as she established prima facie error.

Jenneil Jackson v. State of Indiana (mem. dec.)
Criminal. Affirms order that Jenneil Jackson serve 730 days of her previously suspended sentence for Class B felony conspiracy to commit burglary after she violated her probation for that conviction.

Philip A. Garrett v. State of Indiana (mem. dec.)
Criminal. Affirms Philip Garrett’s conviction of murder.

Joseph Hale v. State of Indiana (mem. dec.)
Criminal. Affirms Joseph Hale’s conviction of Level 1 felony attempted murder.

Deryk Hutton v. State of Indiana (mem. dec.)
Criminal. Affirms Deryk Hutton’s convictions of Class A felonies attempted child molesting and child molesting, and Class B felonies child molesting and two counts of sexual misconduct with a minor.

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