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Opinions June 15, 2016

June 15, 2016

The following 7th Circuit Court of Appeals case came in after IL deadline Tuesday:
United States of America v. Cameron Patterson
15-3022
Appeal from the U.S. District Court, Northern District of Indaina, Fort Wayne Division, Theresa L. Springmann, judge.
Criminal. Affirms that Cameron Patterson was not in custody when questioned by the FBI after an armed robbery and therefore did not need his Miranda rights read to him. Patterson had filed a motion to suppress evidence after he pleaded guilty to armed robbery in which he admitted during the officers’ questioning he was part of the robbery.

Wednesday's opinions
Indiana Court of Appeals
Northeastern Rural Electric Membership Corporation v. Wabash Valley Power Association, Inc.
49A02-1508-PL-1312
Civil plenary. Affirms summary judgment for Wabash Valley Power Association after Northeastern Rural Electric Membership Corp. challenged Wabash’s statute of limitations defense. Finds that the breach of contract would have happened in 2004, when Wabash switched regulations from state to federal and not 2008, when Wabash’s rates began to increase.

In the Matter of the Paternity of A.I., Sandrella Windham, a.k.a. Samantha Kelley v. Kenneth Ivy (mem. dec.)
49A04-1507-JP-773
Juvenile. Affirms father does not have to pay child support.

Kyle Bess v. State of Indiana (mem. dec.)
09A02-1512-CR-2311
Criminal.  Reverses and remands Kyle Bess’ sentence after he pleaded guilty to child solicitation as a Level 5 felony. Reduces sentence from three years in the Department of Correction to serving the remainder of his sentence on supervised probation. Judge Rudolph Pyle dissents with opinion.

Keith Sculfield v. State of Indiana (mem. dec.)
49A02-1511-CR-1807
Criminal. Affirms Keith Sculfield’s sentence for attempted robbery resulting in serious bodily injury, a Level 2 felony. Finds that Sculfield’s conviction of robbery resulting in serious bodily injury as a Level 2 felony does not violate double jeopardy principles, and remands to trial court to sentence him on this charge.

Jolena K. Plaut, Known Heir and Personal Representative of the Estate of Beulah Jane Enderle, a/k/a Beulah Jane Hunt, Deceased v. Wells Fargo Bank, N.A. (mem. dec.)
90A05-1509-MF-1390
Mortgage foreclosure. Affirms rem foreclosure judgment in favor of Wells Fargo.

Patrick Tremell Lucas v. State of Indiana (mem. dec.)
79A02-1510-CR-1695
Criminal. Affirms order revoking Patrick Lucas’ probation and requiring him to execute the remainder of his sentence in the Department of Correction.

Timothy E. Strowmatt v. Indiana Department of Correction, et al (mem. dec.)
33A04-1505-MI-498
Miscellaneous. Affirms laws passed to govern post-conviction conduct of sex offenders do not violate Timothy Strowmatt’s due process rights.

Yosef Abraham v. State of Indiana (mem. dec.)
49A05-1510-CR-1759
Criminal. Affirms Yosef Abraham’s conviction of Class B misdemeanor public nudity.

Vassil Marinov v. UMR Cobra (mem. dec.)
79A05-1510-PL-1615
Civil plenary. Affirms dismissal of Vassil Marinov’s lawasuit against UMR Cobra.

William McGrath v. State of Indiana (mem. dec.)
46A04-1504-CR-277
Criminal. Affirms William McGrath’s convictions for attempted rape and aggravated battery, as Class B felonies, and intimidation and strangulation, as Class D felonies. Reverses McGrath’s convictions for battery resulting in serious bodily injury and sexual battery, as Class C felonies, because they violate double jeopardy.  

Actora Bankhead v. State of Indiana (mem. dec.)
49A05-1503-CR-107
Criminal. Affirms Actora Bankhead’s convictions of two counts of murder.
 
Christopher Shane Melton v. State of Indiana (mem. dec.)
48A05-1508-CR-1204
Criminal. Affirms revocation of Christopher Shane Melton’s probation and order he serve his previously suspended sentence.
 
M.B. v. State of Indiana (mem. dec.)
49A02-1509-JV-1527
Juvenile. Affirms adjudication as a delinquent for burglary, a Level 4 felony if committed by an adult.

Jerry Paucak and Bernadette Paucak v. Daniel M. Paucak (mem. dec.)
45A05-1509-CT-1364
Civil tort. Affirms verdict for Daniel Paucak after he sued for damages after he fell off a ladder while at his parents’ house.

Jeremy Arthur v. State of Indiana (mem. dec.)
49A02-1510-CR-1755
Criminal. Affirms Jeremy Arthur’s conviction of invasion of privacy as a Class A misdemeanor.

Bobbi Jo Carter v. State of Indiana (mem. dec.)
21A01-1601-CR-173
Criminal. Affirms Bobbi Jo Carter’s sentence after she pleaded guilty to Level 4 felony dealing in a narcotic drug and Class A misdemeanor taking a minor to a common nuisance.

Donnis Goodman v. Haan Crafts, LLC (mem. dec.)
93A02-15611-EX-2065
Agency action. Affirms Donnis Goodman’s spondylolisthesis is not related to a lumbar strain she suffered as a result of a work-related accident.

Steven E. Webb v. Marla R. Webb (mem. dec.)
87A04-1512-DR-2285
Domestic relations. Remands order modifying father’s parenting time.

 

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