Opinions Nov. 8, 2018

7th Circuit Court of Appeals
USA v. Joshua C. Bolin
18-2208
Appeal from the United States District Court for the Southern District of Indiana, Evansville Division. Judge Richard Young.
Criminal. Affirms the U.S. District Court for the Southern District of Indiana’s imposition of a $5,000 additional special assessment to Joshua Bolin, in addition to the mandatory special assessment under 18 U.S.C. §§ 3013 and 3014. Finds Bolin waived his claim.

USA v. Duprece Jett
17-2051
Appeals from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Tanya Walton Pratt.
Criminal. Reverses and remands with instructions that the district court enter a judgment of acquittal on Duprece Jett, Damion McKissick and Earl Walker’s attempted-robbery count and order for their resentencing. Affirms all other counts.

The following Indiana Supreme Court opinion was posted after IL deadline Wedenesday.
Jeffrey A. Weisheit v. State of Indiana
10S00-1507-PC-413
Post conviction. Affirms the denial of Jeffrey Weisheit’s petition for post-conviction relief after he was convicted of the murders of two children, as well as arson. Finds that although Weisheit’s counsel made some mistakes, most of them do not rise to the level of deficient performance pursuant to Strickland. Also finds Weisheit failed to demonstrate that he was prejudiced. Justice Geoffrey Slaughter concurs in part and in the judgment with separate opinion. Chief Justice Loretta Rush concurs and dissents in part with separate opinion.

Indiana Court of Appeals
Stephan M. Poiry v. City of New Haven, Indiana
18A-MI-1066
Miscellaneous. Reverses and remands the Allen Superior Court’s order granting summary judgment in favor of the City of New Haven and the denial of Stephan Poiry’s motion to correct error. Finds the Allen Superior Court failed to require posted bond before the trial court granted summary judgment against Poiry.

In the Matter of the Termination of the Parent-Child Relationship of J.W., Mother, and T.W. and L.W., Minor Children: J.W. v. Indiana Department of Child Services
18A-JT-981
Juvenile termination. Affirms the Allen Superior Court’s termination of J.W.’s parental-child relationship to her two minor daughters, T.W. and L.W. Finds it was not clearly erroneous for the juvenile court to determine that termination of J.W.’s parental rights to T.W. and L.W. was in their best interests.

In the Matter of the Guardianship of Irma Elisabeth Avila Luis; Ramiro Velasquez Avila
18A-GU-1312
Guardianship. Affirms and reverses in part the appointment of Ramiro Velasquez Avila as guardian of his minor sister, Irma Elisabeth Avila Luis. Finds the Jackson Circuit Court erred when it failed to make findings on Irma’s special immigrant juvenile status pursuant to 8 United States Code section 1101(a)(27)(J). Remands for further proceedings.

Jacob L. Maciaszek v. State of Indiana
18A-CR-939
Criminal. Reverses the Kosciusko Superior Court’s resentencing of Jacob Maciaszek to 16 years in prison, minus 282 days of credit time, for his conviction of two counts of Class B felony burglary. The trial court errantly upon remand from the Court of Appeals resentenced Maciaszek with an order that his sentence be served consecutively to another sentence in New Hampshire, which would result in a manifest injustice to the defendant. Judge Cale Bradford dissents and would affirm the trial court.

Gary Amick v. State of Indiana (mem. dec.)
18A-CR-1027
Criminal. Affirms the Scott Superior Court’s denial of Gary Amick’s motion for sentence modification. Finds the trial court did not err in denying his motion for modification of sentence.

Mykel Smith v. State of Indiana (mem. dec.)
18A-CR-637
Criminal. Affirms Mykel Smith’s conviction of Level 2 felony burglary, Level 6 felony resisting law enforcement and Class A misdemeanor carrying a handgun without a license. Finds there is sufficient evidence to support the conviction.

Cornell Louis Roberson v. State of Indiana (mem. dec.)
18A-CR-752
Criminal. Affirms Cornell Roberson’s conviction of Level 3 felony criminal confinement, Level 5 felony criminal confinement, Level 5 felony domestic battery, Class A misdemeanor theft and Class A misdemeanor interference with reporting of a crime. Finds the Lake Superior Court did not abuse its discretion by permitting the state to present evidence of Roberson’s detainment.

David S. Willamowski v. State of Indiana (mem. dec.)
18A-CR-924
Criminal. Affirms David S. Willamowski’s conviction of Level 4 felony child molesting. Finds there is sufficient evidence to support the conviction.

Richard L. Barwick, Jr. v. State of Indiana (mem. dec.)
18A-CR-114
Criminal. Affirms Richard Barwick’s seven-year sentence for conviction of Level 3 felony vicarious sexual gratification. Finds the Decatur Superior Court did not abuse its discretion when it found the impact on the victim was an aggravating circumstance. Also finds Barwick’s sentence is not inappropriate in light of the nature of the offense and the character of the offender.

Nicolas Rasheed Taylor v. State of Indiana (mem. dec.)
18A-CR-1318
Criminal. Affirms Nicolas R. Taylor’s aggregate 4½-year sentence for the both the revocation of his probation and further conviction of Level 6 felony resisting law enforcement, Class A misdemeanor resisting law enforcement, and Class A misdemeanor driving while suspended. Finds the Grant Superior Court did not abuse its discretion in ordering Taylor to serve the entirety of the previously suspended sentences. Finds the sentence is not inappropriate.

Michael Moffatt v. State of Indiana (mem. dec.)
18A-CR-1424
Criminal. Affirms Michael Moffatt’s six-year sentence for conviction of Level 4 felony unlawful possession of a firearm by a serious violent felon. Finds that Moffatt’s sentence is not inappropriate.

Muhammad A. Stewart v. State of Indiana (mem. dec.)
18A-CR-1303
Criminal. Reverses Muhammad A. Stewart’s conviction of Level 6 felonies criminal confinement and domestic battery. Finds there was insufficient evidence to support the convictions.