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Opinions March 21, 2017

March 21, 2017
KEYWORDS Opinions

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Monday:
Kenneth Collins v. Nadir Al-Shami and Advanced Correctional Healthcare, Inc.
15-3179
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Tanya Walton Pratt.
Civil. Affirms the grant of summary judgment to Dr. Nadir Al-Shami and Advanced Correctional Healthcare Inc. Finds Al-Shami’s care of Collins was not objectively unreasonable and Advanced Correctional Healthcare cannot be held liable if Al-Shami was not found to be liable. Collins’ evidence toward his state law claims is insufficient to establish a genuine issue of material fact to defeat summary judgment.

Tuesday’s opinions
Indiana Court of Appeals
In the Matter of: N.C. (Minor Child), Child in Need of Services and J.M. (Father) v. The Indiana Department of Child Services
53A01-1610-JC-2479
Juvenile. Reverses trial court order finding that N.C. is a child in need of services and corresponding dispositional order giving wardship to the Department of Child Services and ordering father to comply with terms of a parent participation plan. DCS did not prove by a preponderance of the evidence that the coercive intervention of the court was necessary to ensure N.C.’s care, and the court clearly erred in adjudicating him a CHINS. Remands with instructions to vacate the CHINS finding.

In the Matter of M.O., A Child in Need of Services, M.O., Child v. Indiana Department of Child Services, N.M., Mother, and Mi.O., Father, and Child Advocates, Inc.
49A05-1607-JC-1668
Juvenile. Affirms the trial court adjudication of M.O. as a child in need of services. The juvenile court did not err in adjudicating M.O. a CHINS on grounds different from those set forth in the petition. A preponderance of the evidence proved M.O. substantially endangered her own health or the health of another.

Aaron J. King v. State of Indiana (mem. dec.)
18A02-1610-CR-2477
Criminal. Affirms Aaron King’s convictions of rape, criminal deviate conduct, criminal confinement and strangulation. King failed to establish fundamental error when the prosecutor talked with the victim during a break, and the strangulation conviction is supported by sufficient evidence.

Jeffrey A. Rader v. State of Indiana (mem. dec.)
79A05-1608-CR-1877
Criminal. Affirms Jeffrey Rader’s convictions of Level 4 felony possession of cocaine and Level 2 felony dealing in cocaine and his adjudication as a habitual offender. Reverses in part and remands to the trial court to correct the sentencing order that conflicts with the court’s oral sentencing statement.

Tony W. Heroy v. State of Indiana (mem. dec.)
20A05-1607-CR-1572
Criminal. Affirms Tom Heroy’s conviction of Class A felony child molesting, holding the trial court did not abuse its discretion in admitting evidence, that the evidence was sufficient to sustain the conviction and the sentence is not inappropriate.

In the Termination of the Parent-Child Relationship of: A.S.C. & A.J.C., C.C. v. Indiana Department of Child Services (mem. dec.)
37A03-1607-JT-1715
Juvenile. Affirms termination of parental rights, finding the termination was not clearly erroneous.

In the Termination of the Parent-Child Relationship of: Ce.S. & Ch.S. (Minor Children), and C.R. v. The Indiana Department of Child Services (mem. dec.)
49A02-1610-JT-2365
Juvenile. Affirms termination of parental rights, finding father was not deprived of a fundamentally fair trial and evidence was sufficient to support the termination.

Linda K. Hamilton v. State of Indiana (mem. dec.)
84A01-1608-CR-1754
Criminal. Affirms trial court calculation of credit time, finding the calculation was proper.
 
Devon Delshaun Dokes v. State of Indiana (mem. dec.)
71A03-1605-CR-1190
Criminal. Affirms conviction of Level 5 felony robbery, holding evidence was sufficient to support the conviction.

Kevin Hoffman v. State of Indiana (mem. dec.)
46A03-1606-CR-1497
Criminal. Affirms conviction of Class A felony child molesting and 50-year sentence. The trial court did not abuse its discretion or err, and the sentence is not inappropriate.

Everett Wade v. State of Indiana (mem. dec.)
20A03-1610-CR-2427
Criminal. Affirms seven-year sentence with one year suspended for two counts of Level 6 felony operating a vehicle while intoxicated with a prior conviction, holding the sentence is not inappropriate.

James F. Morris v. State of Indiana (mem. dec.)
42A01-1604-CR-920
Criminal. Affirms conviction of Level 3 felony aggravated battery. The court did not commit reversible error when it admitted witness testimony and videotaped evidence including the victim’s out-of-court statements, and evidence sufficiently proved that injuries inflicted on the victim created a substantial risk of death.

Christopher Schafer v. State of Indiana (mem. dec.)
49A04-1605-CR-1143
Criminal. Affirms Christopher Schafer’s convictions of murder and Level 2 felony battery with death of a person less than 14. The trial court did not demonstrate bias, and Shafer’s statements, text messages and a phone call to his mother from jail were properly admitted. Schafer failed to prove potentially exculpatory evidence was withheld, and the evidence was sufficient to support the convictions.  

Bruce Morgan v. State of Indiana (mem. dec.)
35A02-1608-CR-1864
Criminal. Affirms denial of Bruce Morgan’s motion to correct erroneous sentence. Morgan argues the sentence violates terms of his plea agreement — an issue the trial court may not address through a motion to correct.

Tony L. Brown v. State of Indiana (mem. dec.)
79A02-1608-CR-1924
Criminal. Affirms conviction of Level 5 felony burglary, holding that the replacement of Tony Brown’s proposed reasonable theory of innocence jury instruction did not render his trial unfair due to the overwhelming evidence of guilt.

Sanchez Dupree Martin v. State of Indiana (mem. dec.)
71A05-1611-CR-2674
Criminal. Affirms conviction of Level 5 felony burglary, finding the evidence was sufficient to sustain the conviction.

 

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