Opinions Aug. 15, 2016

August 15, 2016

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Friday:
United States of America v. Darrell L. Duncan
Appeal from U.S. District Court, Northern District of Indiana, South Bend Division. Judge Robert L. Miller Jr.
Criminal. Holds that a conviction for robbery under the Indiana statute qualifies under the still-valid elements clause of the Armed Career Criminal Act definition of violent felony. Robbery by placing a person in fear of bodily injury under Indiana law involves an explicit or implicit threat of physical force and therefore qualifies as a violent felony under 18 U.S.C. Section 924(e)(2)(B)(i.)

Monday’s opinions
7th Circuit Court of Appeals

Walker Whatley v. Dushan Zatecky, superintendent
Appeal from U.S. District Court, Southern District of Indiana, Indianapolis Division. Judge Jane Magnus-Stinson.
Civil. Holds that Whatley’s habeaus corpus petition challenging the Indiana law against possessing at least 3 grams of cocaine within 1,000 feet of a youth program center, claiming it unconstitutionally vague, be granted. Finds no one in his position could have known that the Robinson Community Church would fall within the definition of a “youth program center” simply because it hosted a handful of children’s activities each week and otherwise bore no indicia of the children’s activities within. Remands with instructions to grant the writ of habeas corpus, ordering that within 60 days, Whatley either be released or that he be resentenced under the Class C felony statute. If he is resentenced, he should be given credit for the time he served under the Class A felony conviction.

Indiana Court of Appeals
In re the Marriage of: Kristy Gardenour v. Denise Bondelie

Domestic relations. Affirms termination of the couple’s formal registered domestic partnership from California; award to Denise Bondelie joint legal custody of C.G., who Kristy Gardenour gave birth to after entering into the RDP and was artificially inseminated; and award of parenting time to Bondelie and for her to pay child support. Pursuant to California law, their RDP established a relationship virtually identical to marriage, and under the principle of comity, recognizes the relationship as a spousal one. Concludes Bondelie is C.G.’s legal parent under Indiana law and the trial court did not err in awarding her joint legal custody and parenting time, and ordering her to pay child support.

Charles Sharpe v. State of Indiana (mem. dec.)
Criminal. Affirms conviction of Class A felony attempted robbery.

Tanner Wilson v. State of Indiana (mem. dec.)
Criminal. Affirms condition of probation following a guilty plea to child exploitation and possession of child pornography that prohibits Wilson from entering any establishment where alcohol is served by the drink.

Cheryl Evans v. Richard Hawksworth, Town of Dune Acres, et al. (mem. dec.)
Civil plenary. Affirms dismissal of Evans’ complaint challenging Hawksworth’s appointment to and exercise of the position of member of the town council for Dune Acres.