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Opinions Dec. 8, 2017

December 8, 2017

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Thursday:
United States of America v. John D. Gries and James McCullars

15-2432, -2447
Appeals from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Sarah Evans Barker.
Criminal. Grants petition for panel rehearing for the purpose of withdrawing and replacing the original Sept. 20 opinion. Finds the original opinion contained an error in remand instructions. Denies the petition for rehearing in all other respects, and denies the petition for rehearing en banc.

Friday's opinions
Indiana Tax Court
Starke County Assessor v. Porter-Starke Services, Inc.

71T10-1701-TA-2
Tax. Affirms the Indiana Board of Tax Review’s final determination that Porter-Starke Services, Inc. was entitled to an 81 percent charitable purposes exemption for real property owned during the 2015 tax year. Also finds Porter-Starke presented evidence it provides a public service that lessens a government burden.

Indiana Court of Appeals
J.R. v. State of Indiana

49A02-1704-JV-754
Juvenile. Affirms J.R.’s adjudication as a delinquent for an act that would be dangerous possession of a firearm if committed by an adult. Vacates the adjudication for carrying a handgun without a license. Finds a pat-down search of J.R. did not violate his constitutional rights. Also finds Indiana Code Section 35-47-10-5(a) holds a child who possesses a handgun only commits dangerous possession of a firearm. Remands with instructions to vacate J.R.’s adjudication for carrying a handgun without a license and resentence if needed.

Roman Marblene Co., Inc. v. Reginald Baker
93A02-1701-EX-91
Agency. Affirms the Indiana Civil Rights Commission’s decision in favor of Reginald Baker on his claim that Roman Marblene Co., Inc. discriminated against him on the basis of race. Finds Roman Marblene did not meet its burden to establish the invalidity of the ICRC’s final order. Also finds the order is not void.

Abiyel Tsegai v. State of Indiana (mem. dec.)
32A04-1707-CR-1441
Criminal. Affirms Abiyel Tsegai’s conviction of Level 6 felony auto theft. Finds there was sufficient evidence to sustain Tsegai’s conviction.

Dale A. Wells v. State of Indiana (mem. dec.)
39A01-1705-CR-1119
Criminal. Affirms the Jefferson Superior Court’s determination that Dale Wells refused a certified breath test. Finds Wells has not demonstrated the evidence leads to just one conclusion that is opposite of the trial court’s decision.

In re: Termination of the Parent-Child Relationship of: L.B. (Minor Child), and T.B., (Mother) and J.L. (Father) v. Indiana Department of Child Services (mem. dec.)
48A05-1703-JT-719
Juvenile termination of parental rights. Affirms the termination of T.B. and J.L.’s parental rights to their daughter, L.B. Finds there was sufficient evidence to sustain the termination of T.B. and J.L.’s parental rights.

Christopher Betts v. State of Indiana (mem. dec.)
71A03-1705-CR-1234
Criminal. Affirms Christopher Betts’ conviction of Class A misdemeanor invasion of privacy. Finds sufficient evidence exists to sustain Betts’ conviction.

Jesse Nolan Cole v. State of Indiana (mem. dec.)
32A05-1706-PC-1277
Post-conviction. Affirms the dismissal of Jesse Cole’s petition for post-conviction relief. Finds the matters Cole sought to raise in his post-conviction relief petition are res judicata.

 

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