Opinions May 3, 2018

May 3, 2018

The following 7th Circuit Court of Appeals opinions were posted after IL deadline Wednesday:
Thomas James v. Lorenzo Eli, et al.
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge William T. Lawrence.
Civil. Vacates the entry of summary judgment in favor of Dr. Lorenzo Eli and Dr. Nicolas Villanustre on Thomas James’ complaint for deliberate indifference toward his medical care while he was incarcerated in Indiana. Finds the district court erred in denying James’ motions for appointment of counsel. Reverses the denial of James’ motions for recruitment of counsel. Remands for further proceedings.

Francisco Javier Perez v. Jefferson B. Sessions III
Petition for review of an order of the Board of Immigration Appeals.
Grants Francisco Javier Perez’s petitions for review of the denial of his application for deferral of removal under Article 3 of the Convention Against Torture. Finds the Board of Immigration Appeals erred by truncating the crucial factual inquiry about Perez’s risk of torture if he is returned to Honduras and by asking the wrong question with respect to internal relocation. Remands to the board for further proceedings.

Thursday opinions
7th Circuit Court of Appeals
Jesus Arreola-Castillo v. United States of America

Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Larry J. McKinney.
Civil. Reverses the denial of Jesus Arreola-Castillo’s motion under 28 U.S.C. section 2255 to reopen his federal sentence that subjected him to a recidivism enhancement after his New Mexico drug convictions were vacated by a New Mexico state court. Finds Arreola-Castillo is not challenging the validity of his prior convictions, but their existence.

Indiana Court of Appeals
James A. Geyman, Jr. v. State of Indiana (mem. dec.)

Criminal. Affirms James Geyman’s six-year sentence for his conviction of Level 4 felony possession of methamphetamine. Finds Geyman’s sentence is not inappropriate in light of the nature of the offense and his character.

Johnnie Jones-Gunn v. State of Indiana (mem. dec.)
Criminal. Affirms Johnnie Jones-Gunn’s conviction of carrying a handgun without a license as a Level 5 felony. Finds the evidence is sufficient to support Jones-Gunn’s conviction.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of: O.W. (Minor Child), and T.W. (Father) v. The Indiana Department of Child Services (mem. dec.)
Juvenile termination of parental rights. Affirms the termination of T.W.’s relationship with his daughter, O.W. Finds the evidence is sufficient to support the Jennings Circuit Court’s conclusion that termination of parental rights is in the child’s best interests.

In re the Paternity of K.W. (Minor Child): K.P. v. W.W. (mem. dec.)
Juvenile paternity. Reverses the order placing 8-year-old K.W. in the physical custody of her father, W.W. Finds the Marion Superior Court’s blanket exclusion of evidence of a substantial change in circumstances and post-hearing reversal of an evidentiary ruling deprived K.P., the mother, of a meaningful opportunity to be heard. Remands for further proceedings.

Leon Hollingsworth III v. State of Indiana (mem. dec.)
Criminal. Affirms Leon Hollingsworth’s conviction of Level 5 felony battery. Finds the state’s use of Hollingsworth’s silence against him at his trial was not fundamental error.