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Opinions July 31, 2018

July 31, 2018
KEYWORDS Opinions

The following 7th Circuit Court of Appeals opinions were posted after IL deadline Monday:
USA v. Renee S. Perillo

17-3436
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Richard L. Young.
Criminal. Affirms Renee Perillo's conviction of conspiracy to commit kidnapping and commissioning a murder for hire and her 27-year sentence. Perillo's guilty plea contained valid appellate waivers and she could not show a colorable claim of entrapment.

USA v. Brent A. Swallers
17-2568
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Richard L. Young.
Criminal. Affirms Brent A. Swallers' sentence and conviction for filing a false lien and encumbrance against a federal judge. Judge Richard Young's recusal was not required.

Tuesday opinions
Indiana Court of Appeals

In the Matter of the Involuntary Termination of the Parent-Child Relationship of Z.B., D.B., L.B., Me.B., Ma.B. (Minor Children) and A.B. (Mother) v. The Indiana Department of Child Services, et al.
18A-JT-318 
Juvenile termination of parental rights. Affirms the Delaware Circuit Court's termination of mother A.B.'s parental rights, holding that a court-appointed special advocate may prosecute a TPR case even when the Department of Child Services objects. Remands for a correction of scrivener's errors.

Picket Fence Property Company, and Andrew Patrick v. Chris Davis, and Madison County Auditor and Madison County Treasurer
48A02-1710-MI-2493 
Miscellaneous. Affirms the Madison Circuit Court's order determining Andrew Patrick owed taxes on a property purchased at a 2016 commissioners certificate sale. Denies appellate attorney fees sought by the county, finding the appeal was not frivolous or in bad faith. 

Tracy M. Inman v. State of Indiana (mem. dec.)
78A01-1711-CR-2596 
Criminal. Affirms the Switzerland Circuit Court's decision to execute Tracy M. Inman's suspended sentence after two probation violations. The court did not abuse its discretion.

Ross M. Jordan v. State of Indiana (mem. dec.)
18A-CR-903 
Criminal. Affirms the Allen Superior Court's placement of Ross M. Jordan in the Department of Correction for one year after his conviction of Level 6 felony theft. Jordan failed to prove the placement was inappropriate.

Juan Duarte-Lopez v. State of Indiana (mem. dec.)
20A04-1712-CR-2897 
Criminal. Dismisses Juan Duarte-Lopez's appeal of the Elkhart Circuit Court's denial of his petition to modify sentence. Duarte-Lopez failed to file a timely notice of appeal. 

In the Matter of the Adoption of J.H., Minor Child, D.H. v. K.J. and B.J. (mem. dec.)
 18A-AD-454 
Adoption. Affirms the Kosciusko Circuit Court's adoption decree, finding father's consent was not required and that he did not receive ineffective assistance of counsel.

Donald Hoke v. State of Indiana (mem. dec.)
 18A-CR-500 
Criminal. Affirms Donald Hoke's six-year sentence, with four years executed and two years suspended to probation, imposed by the Montgomery Superior Court on his conviction of Level 6 felony counts of identity deception and possession of methamphetamine and his adjudication as a habitual offender. The sentence is not inappropriate in light of the nature of the offenses and Hoke's character.

Kawani Dukes v. State of Indiana (mem. dec.)
18A-CR-601 
Criminal. Affirms Kawani Dukes' conviction of Level 3 felony aggravated battery. The Elkhart Superior Court did not abuse its discretion when it failed to instuct the jury on self-defense.

James E. Jones v. State of Indiana (mem. dec.)
18A-CR-26 
Criminal. Affirms the aggregate 18-year sentence the Marion Superior Court imposed on James E. Jones after he was convicted in a bench trial of Level 4 felony possession of a firearm by a serious violent felon and adjudicated a habitual offender. The 12-year habitual offender enhancement was not improper. 

Duane Lamar Herron v. State of Indiana (mem. dec.)
71A03-1712-CR-2798 
Criminal. Affirms Duane Lamar Herron's convictions in St. Joseph Superior Court of two counts of Level 6 felony invasion of privacy and one count of Class A misdemeanor resisting law enforcement. The evidence was sufficient to support each conviction in separate causes.

Conor P. Scott v. State of Indiana (mem. dec.)
 18A-CR-185 
Criminal. Affirms Conor P. Scott's five-and-a-half-year executed sentence for his conviction as an adult of Level 3 felony armed robbery and Level 6 felony pointing a firearm in the robbery of a convenience store employee. The Tippecanoe Superior Court did not abuse its discretion in finding a jail altercation was an aggravating factor, and the sentence was not inappropriate. 

In re the Paternity of Y.S.G., David M. Grimes v. Brooklynn A. Ross (mem. dec.)
18A-JP-161 
Juvenile paternity. Affirms the LaPorte Superior Court's order establishing David M. Grimes' paternity and its grant of sole legal custody of Y.S.G. to mother Brooklyn A. Ross. Reverses grant of mother's request to relocate and remands for proceedings to determine whether relocation is in the child's best interests. Judge John Baker dissents in part with separate opinion, who would affirm the trial court regarding relocation.

Bruce Morgan v. State of Indiana (mem. dec.)
17A-PC-3062 
Post-conviction. Affirms the Huntington Circuit Court's denial of Bruce Morgan's petition for post-conviction relief due to ineffective assistance of counsel, finding no clear error.

Shavaun Ingram v. State of Indiana (mem. dec.)
18A-CR-217 
Criminal. Affirms Shavaun Ingram's conviction of Class A misdemeanor theft for failing to pay $10 cab fare. The evidence is sufficient to support the conviction, and any alleged error with regard to the restitution order was invited by Ingram.

In Re the Termination of the Parent-Child Relationship of K.H. and J.H. (Minor Children); T.B. (Mother) and J.H. (Father) v. The Indiana Department of Child Services (mem. dec.)
17A-JT-3047 
Juvenile termination of parental rights. Affirms the Ripley Circuit Court's termination of mother T.B. and father K.H.'s parental rights. The evidence was sufficient to support the termination. 

In re The Matter of D.G. (Minor Child): J.E. (Mother) v. N.G. (Father) and The Indiana Department of Child Services (mem. dec.)
18A-JC-156 
Juvenile CHINS. Affirms the Hancock Circuit Court's order providing father and mother joint physical and legal custody of son D.G. The juvenile court did not abuse its discretion when it ordered that the parties exercise joint custody; any error in the exclusion of mother’s evidence was harmless; the juvenile court was the appropriate court to render the custody determination; and, even if mother had not waived her claim, the juvenile court did not abuse its discretion in denying her motion to correct error.

T.L. v. State of Indiana (mem. dec.)
18A-JV-250 
Juvenile. Affirms the Hendricks Superior Court's placement of the-15-year-old T.L. in the Department of Correction after she admitted to an act that would have been battery with a deadly weapon if committed by an adult. There was no fundamental error in the fact that 
T.L. wore restraints during the combined hearing before the juvenile court, and the juvenile court acted within its discretion when it placed T.L. with the DOC.

Richard M. Statler v. State of Indiana (mem. dec.)
18A-CR-182 
Criminal. Affirms Richard M. Statler's aggregate four-year sentence after he pleaded guilty in Porter Superior Court to two counts of Level 5 felony sexual misconduct with a minor. The sentence was not inappropriate, and Statler waived his right to appeal by virtue of his plea agreement.


 

 

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