Opinions June 5, 2017

June 5, 2017

7th Circuit Court of Appeals
Charles B. Douglas v. United States of America
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Jon E. DeGuilio
Civil. Affirms Charles Douglas’ conviction of possession of a firearm by a violent felon and his sentence to 110 months. Finds Douglas was properly classified as an armed career criminal.

Indiana Court of Appeals
Virginia Garwood and Kristen Garwood v. State of Indiana, et al.
Civil tort. Reverses the $15,000 verdict against Andrew Swain in his personal capacity as then-chief counsel for tax litigation for the Office of the Indiana Attorney General. Vacates the order as to fees and costs. Affirms the judgment of the Harrison Circuit Court against Virginia and Kristen Garwood in all other respects. Finds the judgment against Swain is not supported by sufficient evidence.

Benjamin Lee v. State of Indiana (mem. dec.)
Criminal. Affirms Benjamin Lee’s convictions for three counts of Class A felony child molesting. Finds Lee has not demonstrated A.G.’s testimony was incredibly dubious and, thus, the state presented sufficient evidence to prove Lee committed three counts of Class A felony child molesting.

Andrew Sparling v. State of Indiana (mem. dec.)
Criminal. Vacates the Howard Superior Court’s Sept. 23, 2016, judgment order against Andrew Sparling after he pleaded guilty to Level 4 felony burglary under the terms of a plea agreement with the state. Finds the trial court improperly modified the plea agreement by refusing to recommend a therapeutic community program for Sparling. Remands with instructions either to accept the Aug. 5, 2016, plea agreement and enforcement its terms, including recommending Sparling for therapeutic community treatment, or to reject it entirely.

State of Indiana v. James O. Young (mem. dec.)
Post-conviction. Reverses the Elkhart Superior Court’s grant of James O. Young’s 2012 petition for post-conviction relief seeking to attack his 2003 conviction of resisting law enforcement based on an incident that occurred in 2001. Finds the post-conviction court erred as a matter of law when it determined the copy of the warrant attached to Young’s post-conviction petition was newly discovered evidence.

Anna M. Mincoff v. State of Indiana (mem. dec.)
Criminal. Affirms Anna M. Mincoff’s sentence to 1 ½ years executed in the Department of Correction after she pleaded guilty without a plea agreement to two Level 6 drug felonies and one Class A drug misdemeanor. Finds Mincoff’s executed sentence is not inappropriate in light of the nature of her offense or her character.

Miguel Garcia v. State of Indiana (mem. dec.)
Criminal. Affirms the trial court’s decision on remand to impose two consecutive terms of nine years following Miguel Garcia’s convictions of Level 6 felony criminal confinement and two counts of Level 3 felony robbery. Finds Garcia’s sentence to an aggregate of 18 years, with two years suspended to probation, is not inappropriate in light of the nature of the offense and his character.