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Opinions May 23, 2017

May 23, 2017

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Monday:
Chijioke B. Ben-Yisrayl v. Ron Neal
16-1013
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Tanya Walton Pratt.
Civil. Affirms the district court’s denial of Chijioke B. Ben-Yisrayl’s petition for habeas relief. Finds Ben-Yisrayl did not raise a claim of ineffective assistance of resentencing counsel in his habeas petition, and his failure to do so is a waiver.

Tuesday’s opinions
Indiana Court of Appeals

Antoine D. Bates v. State of Indiana
20A03-1612-CR-2896
Criminal. Affirms Antoine D. Bates’ conviction of Class B felony burglary. Finds no violation of Brady v. Maryland, 373 U.S. 83 (1963). Also finds the evidence is sufficient to support Bates’ conviction because the victim saw Bates running away from her house carrying property that had been inside.

City of Madison, Indiana v. William L. Demaree and Betty K. Demaree
39A01-1602-MI-401
Miscellaneous. Reverses the Jefferson Circuit Court’s reversal of the Madison City Council’s denial of William and Betty Demaree’s application to rezone a piece of property. Finds the trial court applied an incorrect standard of review to the decision of the city council and erred by reversing the city council’s decision to deny the Demaraees’ application to rezone. Remands with instructions to affirm the decision of the city council.

Cory Pollard v. State of Indiana
36A01-1603-CR-659
Criminal. Affirms the denial of Cory Pollard’s motion for educational credit time. Finds the Jackson Circuit Court properly denied Pollard’s motion for educational credit time.

Lori A. Devereaux v. Homeowners’ Association of Hunters Ridge Estates, Inc. (mem. dec.)
64A04-1612-CC-2956
Civil collection. Reverses in part the portion of the Porter Superior Court’s judgment awarding mowing fees to Lori Devereaux’s homeowner’s association. Finds the complaint did not put Devereaux on notice that the homeowners association was seeking mowing fees. Also finds Devereaux objected to evidence of the mowing fees at trial. Remands for entry of a revised judgment.

Emmanuel Ross, Sr. v. State of Indiana (mem. dec.)
71A04-1612-CR-2850
Criminal. Affirms Emmanuel Ross, Sr.’s convictions of one count of battery with moderate bodily injury and one count of failure to return to lawful detention. Finds allowing Alicia Underwood to testify about the topic of her argument with Ross was not an abuse of discretion.

In the Termination of the Parent-Child Relationship of: S.H. & L.H., (Children), and Sa.H. (Mother), and R.H. (Father) v. Indiana Department of Child Services (mem. dec.)
60A05-1608-JT-1842
Juvenile termination of parental rights. Affirms the termination of R.H. and Sa.H.’s parental rights to their children, S.H. and L.H. Finds the evidence is sufficient to support the termination of R.H. and Sa.H.’s parental rights.

 

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