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Opinions June 10, 2016

June 10, 2016

The following 7th Circuit Court of Appeals opinion in after IL deadline Thursday:
United States of America v. Jared Fogle
15-3770
U.S. District Court for the Southern District of Indiana, Indianapolis Division. Tanya Walton Pratt, judge.
Criminal. Affirms former Subway pitchman Jared Fogle’s188-month sentence for distribution and receipt of child pornography as well as travel to engage in illicit contact with a minor, which was above the sentencing guidelines. Finds the District Court did not abuse its discretion in issuing the sentence. The court gave sufficient reasons when it explained why it gave Fogle the sentence it did, and Fogle’s procedural arguments lack merit.

Friday’s opinions
Indiana Court of Appeals
Timothy A. Williamson v. U.S. Bank National Association
49A05-1506-MF-521
Mortgage foreclosure. Affirms summary judgment for U.S. Bank after the court found a mistake in making the deed for the property didn’t mean Timothy Williamson did not own the property at the time of a modification agreement. Williamson’s name was not on the deed after it was accidentally included in the sheriff’s sale and sold to the bank, but the bank rectified the issue.

Myles K. Martin, Jr. v. State of Indiana (rehearing)
82A01-1507-CR-966
Criminal. Reverses and remands Myles Martin’s conviction for resisting law enforcement as a Class A misdemeanor on rehearing as it violates double jeopardy principles. His conviction for Class D felony resisting law enforcement was upheld. Judge Patricia Riley dissents, as she would not have granted the rehearing.

Daniel Dumoulin, II v. Daniel Dumoulin, Sr., and Joan Dumoulin (mem. dec.)
52A05-1505-DR-500
Domestic relations. Affirms order against Daniel Dumoulin II that he owes money after he agreed to purchase a bar from Dumoulin Sr. and Joan Dumoulin. Also affirms order which determined ownership of various real estate that Dumoulin Sr. appealed.

Tyron R.E. White v. State of Indiana (mem. dec.)
02A05-1511-CR-1872
Criminal. Affirms Tyron White’s sentence for Level 6 felony resisting law enforcement.

In the Matter of: A.G., N.G., and S.G., Children in Need of Services, C.G. v. Indiana Department of Child Services (mem. dec.)
82A01-1511-JC-2068
Juvenile. Affirms father’s children are children in need of services.

Keon D. Jones v. State of Indiana (mem. dec.)
52A02-1511-CR-1975
Criminal. Affirms revocation of Keon Jones’ probation.

Randy Ebrecht v. State of Indiana (mem. dec.)
87A04-1512-CR-2350
Criminal. Affirms Randy Ebrecht’s sentence after he pleaded guilty to battery as a Class A misdemeanor.

Timothy L. Hall v. State of Indiana (mem. dec.)
02A03-1508-CR-1134
Criminal. Affirms Timothy Hall’s convictions for three counts of child molesting as Class A felonies; one count of Class C felony child molesting; one count of sexual misconduct with a minor as a Class C felony; and one count of sexual misconduct with a minor as a Class B felony.

Leandale Glenn v. State of Indiana (mem. dec.)
49A05-1512-CR-2105
Criminal. Affirms Leandale Glenn’s conviction of theft as a Level 6 felony.

Johnny Edmonds v. State of Indiana (mem. dec.)
49A02-1510-CR-1669
Criminal. Affirms Johnny Edmonds’ convictions for possession of cocaine and possession of a narcotic drug as Level 5 felonies.

Michael S. Burton v. State of Indiana (mem. dec.)
03A01-1510-CR-1802
Criminal. Affirms Michael S. Burton’s sentence after he was convicted of Level 6 felony strangulation, and Class A misdemeanors operating a vehicle while intoxicated endangering a person and operating a vehicle with an ACE of 0.15 or more. Judge Patricia Riley dissents with opinion.
 

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