Opinions Nov. 28, 2016

November 28, 2016

7th Circuit Court of Appeals
United States of America v. Darryl Anthony Worthen
Appeal from the United States District Court for the Southern District of Indiana, New Albany Division. Judge Sarah Evans Barker.
Criminal. Dismisses Darryl Worthen’s appeal of his conviction of a crime of violence without considering the merits. Finds that Worthen “expressly waive(d) his right to appeal (his) conviction and sentence…on any and all grounds” and that his waiver precludes an appeal.

Indiana Tax Court
The University of Phoenix, Inc. v. Indiana Department of Revenue
Tax. Denies the Indiana Department of State Revenue’s motion for protective order. Finds that the University of Phoenix’s request to depose Michael Alley, former department commissioner, is not vexatious.

Indiana Court of Appeals
In the Term. of the Parent-Child Relationship of: T.M., M.M., E.M., Jn.M., and Js.M. (Minor Children), T.M., Jr. (Father) v. Ind. Dept. of Child Services (mem. dec.)
Juvenile termination of parental rights. Affirms the Jennings Circuit Court’s termination of T.M. Jr.’s parental rights over his minor children T.M., M.M., E.M., Jn.M. and Js.M. Finds that the trial court’s conclusion on this issue is supported by clear and convincing evidence and that it did not err when it terminated his parental rights.

Juan Hernandez v. State of Indiana (mem. dec.)
Criminal. Affirms Juan Hernandez’s convictions for voluntary manslaughter as a Level 2 felony and battery as a Level 5 felony. Finds that no reasonable jury could have concluded that Hernandez acted in self-defense, even if the trial court had admitted certain proffered evidence, and that any error in the trial court’s decision to exclude that evidence is harmless.

Edward Flynn v. State of Indiana (mem. dec.)
Criminal. Affirms the Grant Superior Court’s decision ordering Edward Flynn to serve two years and 333 days of his previously suspended six-year sentence following the violation of the terms of his probation after he committed new criminal offenses. Finds that Flynn has not shown that the trial court abused its discretion.

In re: The Adoption of: K.A.M., J.A.M. v. P.E.U. (mem. dec.)
Adoption. Affirms the Allen Superior Court’s denial of J.M.’s motion to contest the adoption of his child, K.M., by P.U. Finds that there is sufficient evidence to support the trial court’s finding that J.M.’s consent to the adoption was not required.

Elizabeth Marshall v. Sean Marshall II (mem. dec.)
Domestic relation. Affirms the Hamilton Superior Court’s grant of custody of J.M. to Sean Marshall II. Finds that because Elizabeth Marshall failed to follow the correct statutory procedure for obtaining mental health records in a legal proceeding, the trial court did not abuse its discretion when it granted Sean Marshall’s motion to quash her motion to compel discover of such records. Also finds that the trial court did not err when it made its findings of fact and conclusions of law because those findings address both the issues of J.M.’s best interest and Sean Marshall’s relocation to Arizona. Finally, finds that the trial court did not abuse its discretion when it calculated Elizabeth Marshall’s child support obligation.

Venus G. Graves v. State of Indiana (mem. dec.)
Criminal. Affirms the denial of Venus G. Graves’ motion to suppress the evidence collected from her after a police officer stopped her outside a Target store. Finds that the officer had reasonable suspicion to conduct the brief investigatory stop. Remands for further proceedings.

Brandon D. Godsey v. State of Indiana (mem. dec.)
Criminal. Affirms Brandon D. Godsey’s convictions for two counts of Class A felony child molesting following his guilty plea. Finds that the Lawrence Superior Court did not abuse its discretion by denying Godsey’s motion to withdraw his guilty plea.