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Opinions Aug. 24, 2016

August 24, 2016

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Tuesday:
United States of America v. Joshua N. Bowser, et al.; appeal of: Bradley W. Carlson
15-2258
Appeal from U.S. District Court, Southern District of Indiana, Indianapolis Division. Judge Tanya Walton Pratt.
Civil. Affirms denial of Carlson’s motion that he was to have direct written notice of a forfeiture order involving Outlaws Motorcycle Club paraphernalia as well as his motion to alter or amend the judgment pursuant to Federal Rule of Civil Procedure 59(e). Carlson has failed to identify the origin of the items or allege the Outlaws relationship at its inception, and the district court properly held that Carlson was not entitled to individualized notice.

Wednesday’s opinions
Indiana Court of Appeals
Christopher Compton v. State of Indiana
82A01-1511-CR-1997
Criminal. Affirms conviction of three counts of felony murder and the finding that Compton is a habitual offender. The trial court did not deprive Compton of due process when it allowed the media to tweet live updates of his trial from the courtroom, nor did it err in admitting evidence of Compton’s incriminatory statements. Calls for guidance on social media use during criminal trials.

Brian Fuchs v. Riverbend Assisted Living
10A01-1602-PO-501
Protective order. Affirms issuance of three workplace violence restraining orders on behalf of employees of Riverbend Assisted Living. Fuchs’ conduct with respect to the three employees qualified as a credible threat of violence as he harassed, screamed at and intimidated them.

J.J. v. State of Indiana
49A02-1601-JV-161
Juvenile. Affirms finding J.J. committed dangerous possession of a firearm, a Class A misdemeanor if committed by an adult. The police officer had reasonable suspicion to stop the group, which J.J. was a part of, on the belief that they had engaged in criminal activity or were about to do so. The officer’s actions did not violate the Fourth Amendment or Article 1, Section 11 of the Indiana Constitution. Remands for clarification on the status of count II, carrying a handgun without a license.

Thomas Pinner v. State of Indiana
49A02-1511-CR-2036
Criminal. Reverses denial of Pinner’s motion to suppress as no reasonable suspicion justified the investigatory stop. Judge Brown dissents with opinion.

Matthew Keene Goodwin v. State of Indiana (mem. dec.)
79A05-1510-CR-1790
Criminal. Affirms revocation of probation and remands for clarification of the dispositional order.

David Pace v. State of Indiana (mem. dec.)
71A04-1604-CR-844
Criminal. Affirms conviction of Class A misdemeanor criminal trespass.

Gerald Rachell v. State of Indiana (mem. dec.)
49A04-1601-CR-107
Criminal. Affirms conviction of Class A misdemeanor trespass.

Mark A. Laesch v. Kathryn B. Laesch (mem. dec.)
29A02-1512-DR-2314
Domestic relations. Affirms ruling that husband should pay interest on the balance of wife’s settlement judgment, that found husband in contempt for failing to obtain life insurance as the court ordered him to do in the dissolution decree, and that required him to pay his wife’s attorney fees as a sanction.

Christian Duckworth v. State of Indiana (mem. dec.)
20A03-1603-CR-695
Criminal. Dismisses Duckworth’s appeal of the revocation of his probation.

Terry Austin v. State of Indiana (mem. dec.)
30A01-1511-PC-1998
Post conviction. Affirms denial of petition for post-conviction relief.

In the Matter of J.J., Child in Need of Services E.B. (Mother) v. Marion County Department of Child Services, Child Advocates, Inc. (mem. dec.)
49A02-1512-JC-2216
Juvenile. Affirms adjudication infant is a child in need of services.

Joe E. Mourey v. State of Indiana (mem. dec.)
73A04-1603-CR-599
Criminal. Affirms award of 77 days of credit time for Mourey’s pre-sentence incarceration.

Timothy B. Hopper v. Angela C. Hopper (mem. dec.)
65A01-1510-DR-1603
Domestic relations. Affirms valuation of husband’s business for purposes of dividing the marital estate and decision to not award wife all of her attorney fees.

Jack Gable and Janet Gable v. Schuler Company, Inc. (mem. dec.)
22A04-1511-PL-2071
Civil plenary. Reverses grant of Schuler Co.’s motion to dismiss the Gables’ complaint alleging they suffered damages when retaining walls built by Schuler failed. Remands for further proceedings.

Katrina Morgan v. Lake County Juvenile Center, Lake Superior Court, Juvenile Division and Juvenile Division Judge (mem. dec.)
37A03-1603-CT-693
Civil tort. Affirms summary judgment for Lake County defendants because Morgan did not timely notify the court or judge of her tort claim.

Charles Alan Keel v. State of Indiana (mem. dec.)
45A03-1601-CR-153
Criminal. Affirms conviction and four-year sentence for Level 5 felony sexual misconduct with a minor.

Octavius Morris v. State of Indiana (mem. dec.)
24A01-1512-CR-2206
Criminal. Affirms conviction of Class B felony burglary and remands with instructions to correct an irregularity in the sentencing documents.

James Alexander v. State of Indiana (mem. dec.)
49A02-1601-CR-2
Criminal. Affirms conviction of Class A misdemeanor invasion of privacy.

Dominique D. Randolph v. State of Indiana (mem. dec.)
45A04-1512-CR-2358
Criminal. Affirms conviction and sentence for Level 3 felony armed robbery.
 

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