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Opinions Dec. 5, 2016

December 5, 2016
KEYWORDS Opinions

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Friday
United States of America v. Juan Briseno
15-2347
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Chief Judge Philip P. Simon.
Criminal. Affirms Juan Briseno’s convictions of conspiracy to participate in racketeering, conspiracy to possess with intent to distribute at least five kilograms of cocaine and 100 kilograms of marijuana, five separate murders in aid of racketeering, attempted murder in aid of racketeering, and use of a firearm during a crime of violence. Finds that any error on the part of the government during closing arguments was harmless. Also finds that jury instructions related to the racketeering charges were not erroneous. Finally, finds that there was no cumulative error.

Monday’s opinions
Indiana Court of Appeals
Andre Anderson v. State of Indiana
49A02-1511-CR-1947
Criminal. Reverses Andre Anderson’s conviction of Level 5 felony carrying a handgun without a license after he appealed the admission at trial of a handgun found pursuant to a search of his car following his arrest. Finds that the search of Anderson’s jacket was not lawful as a search incident to arrest or an inventory search and, thus, the Marion Superior Court abused its discretion when it admitted the handgun into evidence.

Jerry D. Thompson v. State of Indiana (mem. dec.)
49A02-1602-CR-400
Criminal. Affirms Jerry D. Thompson’s conviction of battery resulting in bodily injury, as a Class A misdemeanor. Finds that A.L.’s testimony was not so incredibly dubious or inherently improbable that no reasonable person could believe it.

In the Matter of: K.S. (Minor Child), and C.S. (Father) v. The Ind. Dept. of Child Services (mem. dec.)
09A04-1604-JC-872
Juvenile. Reverses the trial court’s adjudication of K.S. as a child in need of services. Finds that C.S., the father, was deprived due process when the juvenile court considered the results of drug screens not admitted into evidence after specifically stating it would not consider such evidence. Remands for a new fact-finding hearing.

Brian J. Christlieb v. State of Indiana (mem. dec.)
48A04-1604-CR-930
Criminal. Affirms the revocation of Brian J. Christlieb’s probation. Finds that the state presented sufficient evidence from which the court could find by a preponderance of the evidence that Christlieb violated the terms of his home detention and probation.

Jason Eugene Shaw v. State of Indiana (mem. dec.)
48A02-1512-CR-2051
Criminal. Dismisses Jason Shaw’s appeal of his sentence to 10 years executed in the Indiana Department of Correction after pleading guilty to two counts of armed robbery as Class B felonies. Finds that Shaw waived his right appeal his sentence because the Madison Circuit Court sentenced him within the terms of his plea agreement.
 

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