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Opinions Jan. 25, 2017

January 25, 2017

7th Circuit Court of Appeals
Rollie M. Mitchell v. United States of America
14-3759
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Sarah Evans Barker.
Civil. Affirms the denial of Rollie Mitchell’s motion for post-conviction review. Finds that Bruce Brattain did not provide ineffective assistance of counsel.

Thomas James v. Lorenzo Eli and Nicolas P. Villanustre
15-3034
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge William T. Lawrence.
Civil. Vacates the district court’s order denying Thomas James’ request for help recruiting counsel for his Indiana case while he is in prison in Arizona. Remands for further proceedings and urges the lower court to expedite the litigation.

Indiana Supreme Court
Anthony J. Wampler v. State of Indiana
14S05-1701-CR-37
Criminal. Revises Anthony Wampler’s sentences to concurrent six-year terms on his Class B felony burglary convictions and 10 years on his habitual offender adjudication for an aggregate sentence of 16 years, citing Wampler’s metal health. Affirms all other aspects of the Indiana Court of Appeals’ opinion. Remands to the Daviess Superior Court with instructions to enter a revised sentencing order consistent with this opinion.

Michael T. Shoun v. State of Indiana
20S00-1601-LW-00061
Life without parole. Affirms Michael Shoun's life sentence for stabbing his girlfriend to death while he was under the influence of sythetic marijuana. His sentence is based upon his status as a prior offender and that he mutilated his girlfriend while she was still alive.

Indiana Court of Appeals
Jerry Baker v. State of Indiana
49A02-1605-CR-1154
Criminal. Reverses the Marion Superior Court’s order for Jerry Baker to pay $2,082 in restitution after pleading guilty to operating a vehicle while intoxicated as a Class A misdemeanor. Finds the trial court abused its discretion in determining the restitution amount. Finds that despite the fact that the trial court did not check a separate box indicating restitution was a condition of probation, restitution was clearly intended as such. Remands with instructions for the trial court to enter restitution for the value of the totaled car and to make an inquiry in Baker’s ability to pay and to fix the manner of performance.

Janet Caraboa v. Johnson County Fraternal Order of Eagles, Inc. #4132, New Whiteland Post #6978, Inc. Veterans of Foreign Wars, and Paul Martin (mem. dec.)
41A01-1606-CT-1435
Civil tort. Affirms the Johnson Superior Court’s entry of summary judgment in favor of the Veterans of Foreign Affairs Post 6978 in Janet Caraboa’s action alleging a violation of the Dram Shop Act and negligence against the VFW, the Johnson County Fraternal Order of Eagles #4132 and Paul Martin. Finds the trial court did not err in granting summary judgment in favor of the VFW. Also finds that the VFW did not proximately cause Caraboa’s injury as a matter of law.

Eric Hollis v. State of Indiana (mem. dec.)
49A02-1607-CR-1550
Criminal. Affirms the Marion Superior Court’s order for Eric Hollis to pay $476 in restitution after pleading guilty to battery as a Class A misdemeanor. Finds the trial court did not abuse its discretion in ordering Hollis to pay the restitution.

Rachel Stempien v. Jacqueline R. Keating (mem. dec.)
02A03-1609-CT-2208
Civil tort. Affirms the Allen Superior Court’s denial of Rachel Stempien’s motion to correct error on the court’s earlier denial of her Trial Rule 60(B)(1) motion for relief from judgment. Finds the trial court did not abuse its discretion when it denied Stempien’s motion to correct error.

Matthew B. Bakewell v. State of Indiana (mem. dec.)
20A05-1603-CR-705
Criminal. Affirms Matthew B. Bakewell’s conviction for dealing in methamphetamine as a Class B felony and possession of marijuana as a Class A misdemeanor. Finds the Elkhart Superior Court properly admitted evidence discovered pursuant to a valid consent to search and a search warrant.

Daniel Massey v. State of Indiana (mem. dec.)
49A02-1608-CR-1959
Criminal. Affirms Daniel Massey’s conviction of public intoxication as a Class B misdemeanor. Finds there is sufficient evidence to support the conviction.
 

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