Opinions July 28, 2016

July 28, 2016
KEYWORDS Opinions / neglect

The following 7th Circuit Court of Appeals decision was posted after IL deadline Wednesday:
United States of America v. Carey Ray
14-3799, 15-3193
Appeals from U.S. District Court, Northern District of Indiana, Hammond Division, Judge James T. Moody.
Criminal. Affirms Ray’s convictions but vacates his sentence as the District Court modified some conditions of his supervised release while an appeal was pending for the 7th Circuit. Holds that whether or not a District Court possesses jurisdiction to revise the conditions of supervised release while an appeal is pending, it should not exercise that jurisdiction without receiving permission under Circuit Rule 57. It should also not seek that permission in the absence of strong reasons. Remands for resentencing.

Thursday’s opinions
Indiana Court of Appeals

Anthony J. Wampler v. State of Indiana

Criminal. Affirms 33-year sentence for two counts of Class B felony burglary and Wampler’s status as a habitual offender. Acknowledges Wampler’s mental health problems, but he has not taken medication from 1995 until this case. Also finds sentence be appropriate given the long-term stalking Wampler has done of the victim and his criminal history. Judge Mathias dissents with opinion.

Jessica Robertson v. Brian Robertson
Domestic relation. Affirms modification of custody in favor of father, finding evidence supports the decision. Also decides to review mother’s appeal in light of her attempt to perfect a timely appeal and the constitutional dimensions of the parent-child relationship.

In the Matter of: S.K., R.K., M.K., and A.K., Ja.K. (Father) and Je. K. (Mother) v. Ind. Dept. of Child Services
Juvenile. Reverses CHINS adjudication for the four minor children. The evidence does not show the children were endangered by the actions or inactions of their parents.

Michael Steusloff v. State of Indiana (mem. dec.)
Criminal. Affirms six-year sentence for Class C felony failure to register as a sex offender in one cause and the revocation of Steusloff’s probation in another cause.

James F. Noel v. State of Indiana (mem. dec.)
Post conviction. Affirms denial of petition for post-conviction relief.

Carl G. Johnson, Jr. v. State of Indiana (mem. dec.)
Criminal. Affirms convictions for Level 6 felony residential entry and Class A misdemeanor resisting law enforcement.

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

French Tibbs v. State of Indiana (mem. dec.)
Criminal. Affirms conviction of Class D felony dealing in marijuana.

Lana Anderson v. State of Indiana (mem. dec.)
Criminal. Affirms placement in the Department of Correction after revocation of placement in community corrections.

Daniel L. Riddle v. State of Indiana (mem. dec.)
Criminal. Affirms revocation of direct placement in home detention.

Lonnie A. Bland v. State of Indiana (mem. dec.)
Criminal. Affirms aggregate 910-day sentence for Level 6 felony strangulation and Class A misdemeanor domestic battery.

William Mills, II v. State of Indiana (mem. dec.)
Criminal. Affirms revocation of two years of Mills’ remaining probation following a second probation violation.

Elgin Fidell v. State of Indiana (mem. dec.)
Criminal. Affirms conviction of battery resulting in bodily injury.