Opinions Sept. 19, 2017

Keywords Opinions

The following 7th Circuit opinion was posted after IL deadline Monday:
United States of America v. Andre Patterson
U.S. District Court for the Southern District of Indiana, Indianapolis Division. Judge Sarah Evans Barker.
Criminal. Affirms there were no violations of the Speedy Trial Act or the Sixth Amendment as a result of the more than three-year delay in bringing Andre Patterson to trial. Many of the delays are attributable to Patterson, including the time spent evaluating his competency and restoring it. Remands for resentencing on the drug conviction because the court did not explain how it obtained the drug quantity it used to sentence him.

Tuesday’s opinions
Indiana Court of Appeals
Racquel Postiglione v. State of Indiana
Criminal. Affirms the restitution order entered following Racquel Postiglione’s conviction of Class A misdemeanor battery resulting in bodily injury. Finds the victim’s injuries were the result of or a “direct consequences of the acts initiated by” Postiglione, even if she was not the one to break the man’s leg and ankle.

Joshua Steven Thompson v. State of Indiana (mem. dec.)
Criminal. Affirms Joshua Thompson’s convictions for Level 3 felony robbery, Level 5 felony carrying a handgun with a prior felony, Class A misdemeanors resisting law enforcement and theft, as well as the finding he is an habitual offender. Any error in the admission of testimony regarding an unrecorded statement he made to a police officer while in custody was harmless.

Juan Duron v. State of Indiana (mem. dec.)
Criminal. Affirms Juan Duron’s conviction of Level 1 felony child molesting, finding the trial court did not abuse its discretion in admitting and excluding evidence.

Kimberley M. Couch v. State of Indiana (mem. dec.)
Criminal. Reverses Kimberley Couch’s conviction of Class C misdemeanor possession of paraphernalia, finding the trial court erred in admitting evidence obtained during an unconstitutional search of her residence.

Travis Wayne Vena v. State of Indiana (mem. dec.)
Criminal. Affirms Travis Vena’s conviction of Class B misdemeanor disorderly conduct. Remands with instructions to correct the order of restitution, which included a scrivener’s error.

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