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Opinions Dec. 5, 2017

December 5, 2017
KEYWORDS Opinions

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Monday:
Joseph R. Elliott v. Board of School Trustees of Madison Consolidated Schools

Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge William T. Lawrence.
Civil. Affirms the grant of summary judgment in favor of Joseph Elliott on his constitutional claim against the Board of Trustees for Madison Consolidated Schools. Finds the retroactive application of the layoffs provision of Indiana’s 2011 Senate Bill 1 to teachers who were tenured before the law took effect is a substantial impairment to those teachers’ constitutional contractual rights.

Tuesday opinions
Indiana Supreme Court
Carltez Taylor v. State of Indiana

82S00-1610-LW-576
Life without parole. Affirms Carltez Taylor’s convictions of murder and conspiracy to commit murder. Revises Taylor’s sentence murder from life without parole to an aggregate 80-year term. Finds the state did not commit fundamental error by referring to Taylor as “Looney the shooter.” Also finds the state’s charging information amendment was not untimely. Finally, finds sufficient evidence supports Taylor’s conspiracy conviction. Remands to the Vanderburgh Circuit Court to enter a sentencing order consistent with the Indiana Supreme Court’s opinion. Justices Geoffrey Slaughter and Mark Massa concur and dissent in part with separate opinion and would affirm the LWOP sentence.

Indiana Court of Appeals
Otha S. Hamilton v. State of Indiana (mem. dec.)

49A02-1702-PC-279
Post-conviction. Affirms the denial of Otha Hamilton’s petition for post-conviction relief. Finds the post-conviction court did not err in concluding Hamilton was not denied the effective assistance of trial and appellate counsel. Also finds the post-conviction court did not err in excluding proffered evidence at the post-conviction hearing. Finally, finds the post-conviction court’s findings of fact are supported by the evidence, and the findings support the conclusions of law.

Todd Barlow v. State of Indiana (mem. dec.)
03A04-1707-CR-1554
Criminal. Affirms Todd Barlow’s sentence of five years, all suspended, for his convictions of three Level 6 felonies and the revocation of the suspended portion of that sentence after his violation of the conditions of his probation. Finds Barlow has not met his burden to show his guilty plea was a significant mitigating circumstance, and the Bartholomew Circuit Court did not abuse its discretion when it did not identify it as such. Also finds Barlow’s sentence is not inappropriate in light of the nature of the offenses and Barlow’s character. Finally, finds the trial court did not abuse its discretion when it ordered Barlow to serve the balance of his previously suspended sentence.

Ronnie Jones v. State of Indiana (mem. dec.)
71A03-1611-PC-2611
Post-conviction. Affirms the denial of Ronnie Jones’ petition for post-conviction relief. Finds the post-conviction court did not err when it concluded Jones was not denied the effective assistance of trial counsel, or when it denied Jones’ request for subpoenas of several potential witnesses.

In the Matter of the Termination of the Parent-Child Relationship of D.E. (Minor Child) and D.L. (Father) and D.R.E. (Mother) v. The Indiana Department of Child Services (mem. dec.)
37A04-1707-JT-1592
Juvenile termination of parental rights. Affirms the termination of D.R.E. and D.L.’s parental rights to their child, D.E. Finds the Jasper Circuit Court did not clearly err in finding a reasonable probability that the conditions that resulted in D.E.’s removal will not be remedied or in determining termination of D.R.E. and D.L.’s parental rights is in the best interests of D.E.

Craig Allen Decker v. State of Indiana (mem. dec.)
18A04-1705-CR-1097
Criminal. Affirms the denial of Craig Allen Decker’s motion to withdraw his guilty plea to Class B felony child molesting. Finds Decker has not demonstrated the Delaware Circuit Court abused its discretion in denying his motion to withdraw his guilty plea.

 

 

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