Opinions Oct. 24, 2018

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7th Circuit Court of Appeals 
Jay Vermillion v. Corizon Health, Inc., Paul Talbot, and Ruby Beeny 

18-1517
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Jane E. Magnus-Stinson.
Civil. Affirms the striking of Jay Vermillion’s brief for exceeding the acceptable word count and discharges Vermillion’s order to show cause requesting his appellant brief be reinstated on the grounds that it complies with the word count requirement under Rule 32(f). Finds the “Properties” panel in Microsoft Word is not designed to count all words in a document. Also finds citations are not justifiably excluded from the word count simply because Rule 32(f) does not mention them. Finally, finds Vermillion misunderstood both Rule 32(f) and the right place to start counting in Microsoft Word. 

Indiana Court of Appeals
Malcolm R. DePriest v. State of Indiana

18A-CR-1176
Criminal. Affirms Malcolm DePriest’s convictions for Level 4 felony unlawful possession of a firearm by a serious violent felon and Class A misdemeanor resisting law enforcement. Finds the Vanderburgh Circuit Court did not err by instructing the jury that there would be a second phase of the trial if the jury found beyond a reasonable doubt that DePriest knowingly or intentionally possessed a firearm.

In the Matter of the Commitment of: N.D.; N.D. v. Indiana University Health Bloomington Hospital (mem. dec.) 
18A-MH-1328
Mental health. Dimisses N.D.’s appeal of her involuntary mental health commitment and forced medication. Finds N.D.’s argument is moot. 

Michael Lamar Jackson v. State of Indiana (mem. dec.)
18A-CR-905
Criminal. Affirms Michael Jackson’s nine-year sentence for Level 4 felony unlawful possession of a firearm by a serious violent felon. Finds Jackson’s sentence is not inappropriate based on the nature of his offense and his character. 

Scott Ehrlich v. FME, Inc. (mem. dec.)
18A-CT-989
Civil tort. Affirms the Lake Superior Court’s grant of summary judgment in favor FME, Inc on Scott Ehrlich’s slip-and-fall claim. Finds there is no genuine issue of material fact that FME was negligent in the performance of its duty.

James Carter III v. State of Indiana (mem. dec.)
71A05-1709-CR-2248
Criminal. Affirms James Carter III’s convictions for Level 1 felony attempted murder and Level 6 felony pointing a firearm. Finds there was substantial independent evidence of guilty supporting Carter’s convictions, so any error in the admission of evidence was harmless. Finds the state presented sufficient evidence to support his conviction for attempted murder.

Jason Riddle v. State of Indiana (mem. dec.)
39A04-1712-CR-2975
Criminal. Affirms Jason Riddle’s conviction for Level 6 felony performing sexual conduct in the presence of a minor. Finds the state presented sufficient evidence to support Riddle’s conviction. Judge Robb dissents with separate opinion. 

Marvin J. Perkins v. State of Indiana (mem. dec.)
18A-CR-692
Criminal. Affirms Marvin Perkins’ one-year sentence for Class A misdemeanor unauthorized entry of a motor vehicle. Finds the Allen Superior Court did not abuse its discretion at sentencing. 

Lee M. Gleaves II v. State of Indiana (mem. dec.)
17A-CR-3034
Criminal. Affirms Lee Gleaves II’s conviction for Level 3 felony possession of cocaine. Finds the Howard Superior Court did not abuse its discretion when it admitted evidence that Gleaves claims was more prejudicial than probative. Also finds the state presented sufficient evidence to convict Gleaves. 

Erika Washington v. State of Indiana (mem. dec.) ​​​​​​​
18A-CR-385
Criminal. Affirms Erika Washington’s 14-year sentence for convictions of Level 3 felony aggravated battery inflicting injury that causes a protracted loss or impairment of the function of a bodily member or organ and Class B misdemeanor criminal mischief. Finds Washington’s sentence is not inappropriate in light of her character and the nature of her offense.

Aal​​​​​​​iyah S. Craft v. State of Indiana (mem. dec.)
18A-CR-1383
Criminal. Affirms Aaliyah Craft’s one-year aggregate sentence for Level 6 felony maintaining a common nuisance and Class A misdemeanor possession of marijuana. Finds her sentence is not inappropriate based on the nature of the offense and her character.  

Livan A. Ruibal v. State of Indiana (mem. dec.) ​​​​​​​
18A-CR-523
Criminal. Affirms Livan Ruibal’s convictions for Level 5 felony burglary and Class A misdemeanor theft. Finds there is sufficient evidence to support the convictions. 

Keijuan Ramey v. State of Indiana (mem. dec.) ​​​​​​​ 
49A02-1711-CR-2699
Criminal. Affirms Keijuan Ramey’s convictions for two counts of Class A misdemeanor domestic battery. Finds the state presented sufficient evidence beyond a reasonable doubt to support Ramey’s convictions. 

Michael Thompson v. State of Indiana (mem. dec.) ​​​​​​​
18A-CR-930
Criminal. Affirms the Madison Circuit Court’s revocation of Michael Thompson’s placement in work release and its order that he serve 18 months at the Indiana Department of Correction. Finds the state presented sufficient evidence to support the revocation. 

 

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