Opinions Tuesday, Dec. 13, 2016

December 13, 2016

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Monday:
United States of America v. Shaft Jones
Appeal from the United State District Court for the Northern District of Indiana, Fort Wayne Division. Judge Theresa L. Springmann.
Criminal. Affirms Shaft Jones’ convictions of conspiring to possess, with intent to distribute, five or more kilograms of cocaine and of related crimes, including carrying a gun in connection with drug trafficking, and his sentence to 270 months in prison.

Indiana Court of Appeals
State of Indiana v. Douglas Woods Johnston
Criminal. Reverses the denial of the State of Indiana’s motion to correct error, which challenged an order granting the petition of Douglas Woods Johnston to relieve him of registration requirements under the Indiana Sex Offenders Registry Act. Finds that because Johnston’s inadequate petition should have been dismissed, the denial of the motion to correct error was an abuse of the Marion Superior Court’s discretion. Remands with instructions that the trial court dismiss the matter without prejudice subject to further proceedings in the event Johnston files a sufficient petition.

Michael Williams v. State of Indiana (mem. dec.)
Criminal. Affirms the denial of Michael Williams’ motion to correct erroneous sentence after he was sentenced to 20 years in the Indiana Department of Correction, with six years suspended to probation, for unlawful possession of a firearm by a serious violent felon as a Class B felony and possession of marijuana as a Class D felony. Finds that the Elkhart Superior Court did not abuse its discretion in denying Williams’ motion.

In the Term. of the Parent-Child Relationship of: E.S., Ed.B. and El.B. (Minor Children), and B.B. (Father) v. The Ind. Dept. of Child Services (mem. dec.)
Juvenile termination of parental rights. Reverses the termination of B.B.’s parental rights to his two minor children, Ed.B. and El.B. Finds that the St. Joseph Probate Court’s order terminating B.B.’s parental rights is clearly erroneous.

Marcus Sanders v. State of Indiana (mem. dec.)
Criminal. Affirms Marcus Sanders’ conviction of possession of marijuana as a Class A misdemeanor. Finds that because a deputy constitutionally stopped Sanders, the Marion Superior Court did not abuse its discretion in admitting evidence in plain view during the stop.

Cody Mikework v. State of Indiana (mem. dec.)
Criminal. Affirms Cody R. Mikeworth’s conviction of burglary as a Level 5 felony and three counts of arson as Level 4 felonies. Finds that the Benton Circuit Court acted within its discretion in denying Mikeworth’s motion to withdraw his guilty plea.