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Opinions July 19, 2018

July 19, 2018

The following 7th Circuit Court opinion was posted after IL Deadline on Wednesday.
Kelly Chavez v. Nancy Berryhill

17‐2978
Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Judge William C. Lee.  
Civil. Vacates and remands the district court’s denial of Kelly Chavez’s claim for benefits. Finds the decision was not supported by substantial evidence due to a failure to ensure an expert’s job estimates were reliable.

Thursday opinions
Indiana Court of Appeals 
Timothy Smith v. State of Indiana (mem. dec.)

48A05-1712-CR-2825
Criminal. Affirms the Madison Circuit Court’s revocation of Timothy Smith’s probation and the order for him to serve the balance of his previously suspended sentence in the Department of Correction. Finds the trial court did not err.

Antonio D. Moore v. State of Indiana (mem. dec.)
18A-CR-263
Criminal. Affirms the Madison Circuit Court’s revocation of Antonio D. Moore’s probation and the order for him to serve two of the four years of his previously suspended sentence. Finds the state produced sufficient evidence in the form of the investigating officer’s testimony that showed Moore had failed to behave well in society when he fired a gun into a crowded bar. 

In the Involuntary Termination of the Parent-Child Relationship of: P.L., C.B.(1), C.B.(2), K.P., and D.R. (Minor Children), and P.M.L. (Mother) v. The Indiana Department of Child Services (mem. dec.)
18A-JT-456
Juvenile termination of parental rights. Affirms the Allen Superior Court’s termination of P.M.L.’s parental rights to her five minor children. Finds sufficient evidence to support the decision. 

Aaron Clark v. State of Indiana (mem. dec.)
18A-CR-411
Criminal. Affirms Aaron Clark’s six-year sentence, with two years suspended to probation, for his conviction of Level 5 felony dealing in a narcotic. Finds the sentence is not inappropriate in light of the nature of the offense and Clark’s character.

James Tran v. State of Indiana (mem. dec.) ​​​​​​​
79A04-1706-CR-1310
Criminal. Affirms James Tran’s convictions for nine counts of child molesting, all as Class A felonies, and one count of Class C felony child molesting. Finds the Tippecanoe Circuit Court did not abuse its discretion in admitting evidence during trial.  


 

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