Opinions Feb. 9, 2017

Keywords Opinions

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Wednesday:
United States of America v. Kevin A. Hoffman, also known as Kevin Hoffman
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Robert L. Miller, Jr.
Criminal. Affirms the district court’s deferral on Kevin Hoffman’s request for concurrent state and federal sentences. Finds that U.S.S.G. Section 5G1.3 is inapplicable.

Thursday’s opinions
Indiana Court of Appeals
Andy A. Shinnock v. State of Indiana
Criminal. Reverses Andy A. Shinnock’s conviction of bestiality as a Level 6 felony. Finds the Delaware Circuit Court erred in admitting Shinnock’s confessions at trial because the corpus delicti of the crime charged was not established. Remands.

In the Matter of the Termination of the Parent-Child Relationship of T.P., Mother, S.R., Father, and B.R., Minor Child, T.P. and S.R. v. Indiana Department of Child Services (mem. dec.)
Juvenile termination of parental rights. Affirms the involuntary termination of T.P. and S.R.’s parental rights to their daughter, B.R. Finds that juvenile court’s termination of their parental rights was not clearly erroneous.

Brian D. Thompson v. State of Indiana (mem. dec.)
Criminal. Affirms Brian D. Thompson’s conviction of battery resulting in bodily injury as a Class A misdemeanor. Finds the evidence presented at trial was sufficient to support Thompson’s conviction.

City of Indianapolis v. Erick Amaro-Sanchez (mem. dec.)
Local ordinance violation. Affirms the Marion Superior Court’s order of judgment entered in favor of Erick Amaro-Sanchez. Finds the trial court did not abuse its discretion in denying the city’s motion to correct error. Judge John Baker dissents with separate opinion.

William Bivens v. State of Indiana (mem. dec.)
Criminal. Affirms William Bivens’ convictions for resisting law enforcement as a Level 6 felony and public intoxication as a Class B misdemeanor. Finds a reasonable trier of fact could have found Bivens guilty on both counts.

In the Matter of the Adoption of K.D., B.D. v. W.D. and D.D. (mem. dec.)
Adoption. Affirms the St. Joseph Probate Court’s order granting W.D. and D.D.’s petition for adoption of K.D., their granddaughter. Finds because there was no evidence that B.D., the father, has sent K.D. any gifts or correspondences or otherwise significantly communicated with her when he was able to do so, the trial court did not clearly err when it found that his consent to the adoption was not required.

Virginia C. Bryant v. State of Indiana (mem. dec.)
Criminal. Affirms Virginia C. Bryant’s conviction of arson as a Level 3 felony. Finds the DeKalb Superior Court did not commit fundamental error in making certain statements to the jury during voir dire and in instructing the jury.

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