Opinions July 6, 2017

July 6, 2017

7th Circuit Court of Appeals
United States of America v. Jason Perry
Appeal from the United States District Court for the Southern District of Indiana, Evansville Division.
Judge Richard L. Young.
Criminal. Affirms the enhancement of Jason Perry’s sentence to 360 months’ imprisonment for two counts of being a felon in possession of a firearm and ammunition after the district court found three of his prior felonies qualified as violent felonies under the Armed Career Criminal Act. Finds Perry has not identified cases in which an Indiana court has affirmed a burglary conviction for acts inconsistent with the generic offense of burglary. Also finds Perry’s conduct supports his two separate counts.

Indiana Court of Appeals
Cheng Song v. Thomas Iatarola and Theresa Iatarola
Civil plenary. Grants Thomas and Theresa Iatarola’s petition for rehearing for the limited purpose of addressing their argument about the due diligence phrase in the addendum to their contract for the sale of their real estate to Cheng Song. Finds during the summary judgment stage and in their appeal, the Iatarolas failed to establish that no genuine issue of material fact existed about whether Song independently drafted the addendum such that its interpretation should be construed against him. Denies the petition for rehearing in all other respects.

Terrance L. Richardson v. State of Indiana
Criminal. Affirms Terrance L. Richardson’s conviction for felony murder. Finds the Marion Superior Court properly excluded a Facebook message from the evidence at trial. Also finds the state presented sufficient evidence beyond a reasonable doubt to rebut Richardson’s claim of self-defense.

In re the Guardianship of: Helen Kinney Morris, Mary M. Kinney and Patrick Kinney v. Paul Kevin Kinney (mem. dec.)
Guardianship. Reverses the Howard Superior Court’s order on remand affirming its prior order establishing a guardianship for Helen Kinney Morris. Finds the trial court abused its discretion in determining a guardianship is necessary. Remands with instructions for the trial court to vacate its order establishing a guardianship over Morris.

In the Matter of the Termination of the Parent-Child Relationship of E.L., (minor child) and S.L. (father) v. The Indiana Department of Child Services (mem. dec.)
Juvenile termination of parental rights. Affirms the termination of S.L.’s parental rights to E.L. Finds the juvenile court did not err in finding S.L. was unlikely to remedy the conditions that led to E.L.’s removal.

Clayton S. Lindsey v. State of Indiana (mem. dec.)
Criminal. Affirms the post-conviction court’s order granting the state’s motion for summary disposition. Finds there are no genuine issues of material fact with respect to Clayton Lindsey’s motion seeking the calculation of his credit time. Also finds the post-conviction court correctly granted the state’s motion for summary disposition.

Zachary Sanders v. State of Indiana (mem. dec.)
Criminal. Affirms Zachary Sanders’ conviction of Level 2 felony voluntary manslaughter. Finds Sanders has failed to establish the state committed prosecutorial misconduct and holds any error on the part of the state was harmless. Also finds Sanders has failed to establish the St. Joseph Superior Court abused its discretion in admitting evidence of his communications with Jesse Manczunski. Finally, finds Sanders has failed to establish the trial court abused its discretion in its jury instructions, and that the state introduced evidence sufficient to support a finding that whatever needs Sanders might have had to defend himself was a result of his attempt to illegally purchase drugs.

April M. Camos v. State of Indiana (mem. dec.)
Criminal. Affirms April M. Camos’ 17-year aggregate sentence for one count of Level 2 felony dealing in cocaine or narcotic drug, four counts of Level 4 felony dealing in cocaine or narcotic drug and one count of Level 6 felony maintaining a common nuisance. Finds Camos has failed to demonstrate her sentence is inappropriate based on the nature of her offenses and her character.