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Opinions July 18, 2017

July 18, 2017

The following 7th Circuit Court of Appeals opinion was issued after IL deadline Monday:
United States of America v. Kenneth Sandidge
16-2180
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Judge Rudy Lozano.
Criminal. Modifies the district court’s order to prohibit Kenneth Sandidge’s use of alcohol if it “materially adversely affects the defendant’s employment, relationships, or ability to comply with the conditions of supervision” and affirms the order as modified. Finds the original language of the order was loose and indeterminate, raising concerns about arbitrariness in enforcement, but the problem is solved by adding the materiality requirement.

Tuesday’s opinions
Indiana Court of Appeals

In the Matter of the Termination of the Parent-Child Relationship of J.C.M., J.O.M., and J.M.J (Minor Children) and J.J. (Mother) v. The Indiana Department of Child Services (mem. dec.)
79A02-1701-JT-205
Juvenile termination of parental rights. Affirms the termination of J.J.’s parental rights to her children, J.C.M., J.O.M. and J.M.J. Finds the Indiana Department of Child Services presented sufficient evidence to support the order terminating J.J.’s parental rights to the children.
 
James I.M. Lines v. State of Indiana (mem. dec.)
55A01-1610-CR-2392
Criminal. Affirms James I.M. Lines’ convictions of battery on a person less than 14 years of age resulting in bodily injury as a Level 5 felony, domestic battery as a Level 6 felony, strangulation as a Level 6 felony and criminal confinement as a Level 6 felony. Finds Annette Rohlman’s testimony as to the statements made to her by A.L. were merely cumulative of other evidence before the jury, and any error in its admission was harmless. Also finds Rohlman’s testimony did not constitute impermissible vouching, so the Morgan Superior Court did not abuse its discretion in admitting it. Finally, finds Rohlman was qualified as an expert witness to testify that the bruise she observed on A.L.’s arm was consistent with being grabbed on the arm.

Christi Lee Scott v. State of Indiana (mem. dec.)
82A01-1612-CR-2939
Criminal. Affirms Christie Lee Scott’s sentence to concurrent sentences of six years and two years for her convictions of burglary as a Level 4 felony and theft as a Level 6 felony. Finds Scott’s sentence is not inappropriate in light of the nature of the offenses and her character.

Christopher Murray v. State of Indiana (mem. dec.)
49A02-1611-CR-2485
Criminal. Affirms Christopher Murray’s conviction of invasion of privacy. Finds the state provided sufficient evidence that Murray knew about the protective order against him before his argument with his wife, Tina Murray.

Umesh Kaushal v. State of Indiana (mem. dec.)
49A04-1612-CR-2862
Criminal. Affirms the denial of Umesh Kaushal’s motion to withdraw his guilty plea to child molesting as a Level 4 felony. Finds the Marion Superior Court acted within its discretion in denying Kaushal’s motion to withdraw his guilty plea.

Paul J. Pacheco v. Keith Butts, Superintendent of the New Castle Correctional Facility (mem .dec.)
33A01-1702-MI-395
Miscellaneous. Affirms the summary dismissal of Paul J. Pacheco’s petition for writ of habeas corpus. Finds the dismissal was proper as a matter of law.

 

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