`

Opinions June 21, 2017

June 21, 2017

The following 7th Circuit Court of Appeals opinions were posted after IL deadline Tuesday:
Hanson Cold Storage Company of Indiana d/b/a Hanson Logistics v. National Labor Relations Board
16-3617 and 16-3671
On petition for review and cross-application for enforcement of an order of the National Labor Relations Board.
Agency. Vacates the National Labor Relations Board’s certification decision. Denies the board’s cross-application for enforcement of its unfair-labor practice order. Finds it is impossible to divine a voter’s intent in a union-representation election from the face of the ballot, so the board abused its discretion by counting that vote. Also finds the board erred by dismissing as moot the union's challenge to a second disputed vote. Remands for further proceedings.

Anthony Barnett v. Ron Neal, Superintendent, Indiana State Prison
15-3559
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Chief Judge Theresa L. Springmann.
Civil. Affirms the district court’s decision to issue a conditional writ of habeas corpus to Anthony Barnett, offering the state the choice of releasing him outright or giving him a new direct appeal in the state court. Finds the district court was entitled to handle the matter as it did.

Wednesday's opinions
Indiana Court of Appeals
James A. Hart v. State of Indiana
59A01-1607-CR-1655
Criminal. Reverses James Hart’s conviction of Class A misdemeanor invasion of privacy. Finds the Orange Superior Court did not properly advise Hart of the dangers of representing himself and, thus, he did not knowingly, intelligently and voluntarily waive his right to counsel verbally or through his conduct. Remands for a new trial.

Kyle W. Dilts v. State of Indiana
15A04-1610-CR-2316
Criminal. Affirms Kyle W. Dilts’ sentence to an aggregate of 72 years for Class A felony child molesting. Finds the Dearborn Superior Court did not abuse its discretion and his sentence is not inappropriate.

Brian L. Paquette v. State of Indiana
63A04-1612-CR-2891
Criminal. Reverses Brian Paquette’s convictions on three counts of resisting law enforcement by fleeing in a vehicle causing death. Finds only one conviction is permissible under the Indiana Court of Appeals’ interpretation of the resisting-law-enforcement statute. Remands with instructions to enter convictions for operating a vehicle with methamphetamine in his blood causing death as to two of the three deceased victims and to resentence him accordingly. Judge L. Mark Bailey concurs in result without separate opinion.

David Greenwell v. State of Indiana (mem. dec.)
79A02-1612-CR-2941
Criminal. Affirms the Tippecanoe Superior Court’s order revoking David Greenwell’s probation and ordering him to serve eight years of his previously suspended sentence and two years of probation. Finds the trial court did not abuse its discretion.

Mason S. Crockett v. State of Indiana (mem. dec.)
84A01-1701-CR-20
Criminal. Affirms Mason S. Crockett’s sentence to 20 years for his conviction of voluntary manslaughter. Finds Crockett’s sentence is not inappropriate.

In the Matter of the Paternity of T.A., Minor Child By Next Friend, C.B. v. L.A. (mem. dec.)
01A02-1611-JP-2729
Juvenile paternity. Affirms and reverses in part the Adams Circuit Court’s order granting L.A.’s motion for modification of child custody. Holds the trial court’s findings adequately support its decision to modify the joint custody order and award father L.A. sole custody of T.A. Also finds mother C.B. has established prima facie error regarding the trial court’s restriction of her parenting time without making a specific finding that visitation would endanger T.A.’s physical health or well-being, or significantly impair T.A.’s emotional development. Remands with instructions to make findings to support the parenting time restrictions or enter an order without said restrictions.

B.P. v. J.E.S., by Child's Next Friend S.S. (mem. dec.)
12A02-1702-PO-317
Protective order. Affirms the issuance of a protective order against B.P. preventing him from directly or indirectly contacting 13-year-old J.S., posting about her on social media or encouraging anyone else to communicate with her on his behalf. Finds the Clinton Superior Court’s findings and the evidence are sufficient.

Jesse Cantu v. State of Indiana (mem. dec.)
34A05-1701-CR-94
Criminal. Affirms Jesse Cantu’s sentence to 15 years, with nine years suspended to probation, for his conviction of rape as a Level 3 felony. Finds Cantu’s sentence is not inappropriate.

Tyrell J. Beavers v. State of Indiana (mem. dec.)
20A03-1612-CR-2867
Criminal. Affirms the denial of Tyrell J. Beavers’ pro se request to withdraw his guilty plea.  Finds Beavers’ argument that the Elkhart Circuit Court abused its discretion has been waived. Also finds, waiver notwithstanding, that Beavers failed to present any grounds compelling the grant of his request to withdraw his guilty plea.

M.L. v. B.M., et al. (mem.dec.)
41A04-1612-GU-2700
Guardianship. Affirms the Johnson Superior Court’s denial of M.L.’s petition for termination of a guardianship over her teenage son held by his grandparents. Finds the trial court did not abuse its discretion.

Heath R. Shenefield v. Mindy E. Shenefield (mem. dec.)
85A04-1605-DR-1150
Domestic relation. Affirms the Wabash Circuit Court’s denial of Heath Shenefield’s second motion to correct error filed after the trial court issued an order dissolving his marriage to Mindy Shenefield. Finds the trial court did not abuse its discretion.

Steven Joseph Rekowski v. State of Indiana (mem. dec.)
15A01-1612-CR-2777
Criminal. Affirms Steven Rekowski’s sentence to an aggregate of 170 ½ years for three counts of Level 1 felony child molesting, three counts of Level 5 felony child exploitation and one count of Level 6 felony performing sexual conduct in the presence of a minor. Finds Rekowski’s sentence is not inappropriate.

Jaylin Brown v. State of Indiana (mem. dec.)
49A04-1610-CR-2368
Criminal. Affirms Jaylin Brown’s conviction of Class A misdemeanor carrying a handgun without a license. Finds the Marion Superior Court properly admitted evidence seized from a search because there was reasonable suspicion for both the investigatory stop and subsequent search.
 

ADVERTISEMENT