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Opinions Aug. 1, 2017

August 1, 2017

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Monday:
Chas Harper v. Richard Brown
15-2276
Appeal from the United States District Court for the Southern District of Indiana, Terre Haute Division. Judge William T. Lawrence.
Civil. Affirms the district court’s denial of Chas Harper’s claim for post-conviction review based on ineffective assistance of counsel. Finds the state court reasonably applied the standard in Strickland v. Washington, 466 U.S. 668 (1984).

Tuesday opinions
Indiana Court of Appeals
Cody R. Hickman v. State of Indiana
27A02-1701-CR-59
Criminal. Affirms the Grant Superior Court’s determination that Cody R. Hickman was not entitled to accrued time against his sentence for time spent in a halfway house as part of a reentry court program and as a condition of his probation. Finds the trial court’s conclusion that Hickman was not confined or imprisoned while living at Grace House and participating in reentry court was not clearly against the facts and circumstances before it.

Aaron L. Fansler v. State of Indiana
27A02-1610-CR-2325
Criminal. Affirms Aaron L. Fansler’s convictions of dealing heroin and other drug crimes and his sentence to 13 years, 10 years in the Department of Correction and three years suspended. Finds that though admission at trial of Fansler’s two self-incriminating statements was an error, it was harmless. Also finds the sentencing court did not abuse its discretion by failing to find Fansler’s proffered mitigator.

Danny L. Young v. Lu Ann S. Young
49A02-1606-DR-1365
Domestic relation. Reverses in part the modification of a protective order in favor of Lu Ann Young against her ex-husband Danny Young. Finds the Marion Superior Court’s Aug. 19, 2016, order purporting to modify the protective order was entered without jurisdiction and is therefore void. Also finds the trial court’s award of attorney fees to Lu Ann Young was contrary to the dissolution settlement agreement, so the order awarding attorney fees is vacated, as is the May 23, 2016, order, to the extent it awards attorney fees. Finally, finds sufficient evidence supported the trial court’s finding that Danny Young violated the protective order. Remands for further proceedings to determine the appropriate remedy.

In Re Z.B-M (minor child), R.M. v. The Indiana Department of Child Services (mem. dec.)
32A01-1703-JC-486
Juvenile CHINS. Affirms the adjudication of Z.B.-M. as a child in need of services. Finds R.M. has not established he was denied the opportunity to present evidence on his own behalf as a result of his incarceration or that he was prejudiced when the Hendricks Superior Court denied his motion to continue the fact-finding hearing.

Neil Haeck v. State of Indiana (mem. dec.)
50A04-1606-CR-1503
Criminal. Reverses Neil Haeck’s conviction of one count of Class D felony theft. Finds the evidence presented by the state was insufficient to show Haeck exerted unauthorized control over the property at issue.

 

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