Opinions Sept. 22, 2016

September 22, 2016

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Wednesday:
Gregory Bowes and Christopher K. Starkey v. Indiana Secretary of State, et al.
U.S. District Court, Southern District of Indiana, Indianapolis Division. Chief Judge Richard Young.
Civil. Affirms judgment of district court to not order a special election for judge of the Marion Superior Court. Plaintiffs, who lost in the May 2014 Democratic primary election, argued a special election was necessary after the way Marion County superior judges are elected was struck down as unconstitutional.

Thursday's opinions
Indiana Court of Appeals
Darwick Young v. State of Indiana (mem. dec.)
Criminal. Affirms Darwick Young’s conviction for Level 2 felony dealing in cocaine, Class A misdemeanor carrying a handgun without a license, Level 6 felony maintaining a common nuisance and Class B misdemeanor possession of marijuana. Remands with instructions to vacate Young’s Level 3 felony possession of cocaine conviction and to revise his sentence.

William Strang v. State of Indiana (mem. dec.)
Criminal. Affirms William E. Strang’s sentence to serve 19 years fully executed in the Indiana Department of Correction after his conviction of child molesting, a Class B felony.

Jimmy Isbell v. State of Indiana (mem. dec.)
Criminal. Affirms Jimmy Isbell’s conviction for Class A misdemeanor battery.

Devon Ballard v. State of Indiana (mem. dec.)
Criminal. Affirms Devon Ballard’s conviction and sentence of four years in the Department of Correction for burglary, a Class C felony.

Brian W. Ellis v. State of Indiana (mem. dec.)
Criminal. Affirms Brian Ellis’ conviction for Class A felony dealing in methamphetamine.

Russell Rouzier v. State of Indiana (mem. dec.)
Criminal. Affirms Russell Rouzier’s conviction of criminal confinement with a deadly weapon as a Level 3 felony and 12-year sentence.

In the Termination of the Parent-Child Relationship of: L.M. and S.M. (Minor Children); M.C. (Father) v. Indiana Department of Child Services (mem. dec.)
Juvenile termination of parental rights. Affirms termination of M.C.’s parent-child relationship with his sons, L.M. and S.M.

Jason Alexander Kays v. State of Indiana (mem. dec.)
Criminal. Affirms Jason Alexander Kays’ conviction and sentence from one cause in which he pleaded guilty to Level 4 felony child molesting and the revocation of his probation and order to serve his previously suspended sentence in a second cause.

Morgan Christopher Foster v. State of Indiana (mem. dec.)
Criminal. Affirms Morgan Foster’s conviction of conspiracy to commit dealing in methamphetamine as a Level 2 felony and his sentence of 22 ½ years in the Indiana Department of Correction.

Brandon McGaughey v. State of Indiana (mem. dec.)
Criminal. Affirms Brandon McGaughey’s conviction of resisting law enforcement as a Class A misdemeanor.

Derrick Rafael Burt v. State of Indiana (mem. dec.)
Criminal. Affirms trial court’s decision to revoke Derrick Burt’s probation in two cases.