Opinions Aug. 15, 2018

Keywords Opinions

The following 7th Circuit Court opinions were posted after IL deadline on Tuesday.
USA v. Johnny Jones

17-2658
Appeal from the United States District Court for the Northern District Indiana, South Bend Division. Judge Jon E. DeGuilio.
Criminal. Affirms Johnny Jones’ 145-month sentence and conviction of possessing and conspiring to distribute methamphetamine, and possession of a firearm in furtherance of a drug trafficking crime. Finds the trial court properly calculated the drug quantity in Jones’ possession and applied the enhancement for possession of a weapon.

Billie Thompson v. Lance Cope
Appeals from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Tanya Walton Pratt.
Civil tort. Reverses the denial of Lance Cope’s motion for summary judgment on the excessive force claim and the denial of defendants’ motion to dismiss the state-law claims. Remands with instructions to dismiss the estate’s state law claims without prejudice and to dismiss the federal claims against Cope with prejudice.

Indiana Court of Appeals
William R. Harr and Finster Courier, Inc. d/b/a Elite Express v. Julian Hayes and Tracey Hayes
49A02-1711-CT-2595
Civil tort. Grants petition for rehearing for the limited purpose of correcting error in defendants’ exhibit filed with the Court of Appeals. In previous ruling in this same case the COA noted the defendants did not submit the complete order from the federal court and pointed out the omission as a potential violation of the Rules of Professional Conduct. On rehearing, the COA acknowledged the amended exhibit was included in the filings but was not clearly marked.

Nathaniel Bennett v. State of Indiana (mem. dec.)
18A-CR-71
Criminal. Affirms the Marion Superior Court’s revocation of Nathaniel Bennett’s placement in community corrections. Finds there is ample evidence to confirm Bennett violated the terms of his placement.

In the Matter of the Involuntary Termination of the Parent-Child Relationships of: J.H., J.P., and Ja.H. (Minor Children), J.H. (Mother) v. The Indiana Department of Child Services (mem. dec.)
18A-JT-677
Juvenile termination. Affirms the termination of J.H.’s parental rights to her children, J.H., J.P., and Ja.H. Finds that the evidence supports the Lake Superior Court’s conclusion that termination of the parent-child relationship is in the best interests of the children.

Jason Charles Johnson v. State of Indiana (mem. dec.)
79A05-1711-CR-2766
Criminal. Affirms Jason Charles Johnson’s conviction of Class B misdemeanor public intoxication. Finds the Tippecanoe Superior Court did not err in failing to dismiss the charging information. Finds there was sufficient evidence to support the conviction.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of: O.O. (Minor Child) and T.G. (Mother) v. The Indiana Department of Child Services and Child Advocates, Inc. (mem. dec.)
18A-JT-551
Juvenile termination. Affirms the termination of T.G.’s parental rights to her child O.O. Finds that the evidence supports the Marion Superior Court’s conclusion that termination of the parent-child relationship is in the best interests of O.O.

Wendell H. Lawson v. State of Indiana (mem. dec.)
18A-CR-334
Criminal. Affirms Wendell Lawson’s conviction of Level 5 felony operating a motor vehicle with driving privileges forfeited for life. Finds there is sufficient evidence to support Lawson’s conviction.

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