Opinions Dec. 7, 2018

December 7, 2018

The following 7th Circuit Court of Appeals opinions were posted after IL deadline on Thursday:
Lorenzo D. Roundtree v. Jeffrey E. Krueger, United States Penitentiary, Terre Haute

Appeal from the United States District Court for the Southern District of Indiana, Terre Haute Division. Chief Judge Jane E. Magnus-Stinson.
Civil. Affirms the district court’s rejection of Lorenzo Roundtree’s attack on his life sentence for selling heroin that led to a user’s death. Finds that the 7th Circuit has recognized that Burrage v. United States cannot be used to litigate under 28 United States Code section 2241 if 18 U.S.C. 2255 could have been or was used to raise the issue, so because Roundtree unsuccessfully challenged his sentence under section 2255 in the 8th Circuit Court of Appeals, relief under section 2241 is not available in the 7th Circuit.

Vesuvius USA, Corporation v. American Commercial Lines, LLC
Appeal from the United States District Court for the Southern District of Indiana, New Albany Division. Judge Sarah Evans Barker.
Civil. Affirms the Southern District Court of Indiana’s dismissal of Vesuvius USA’s claim against American Commercial Lines for water damages on one of its shipments. Finds Vesuvius was required to file suit no later than four months after it discovered the damage. Finds the district court properly dismissed the claims as untimely.

Indiana Court of Appeals
Steven Akehurst v. State of Indiana

Criminal. Affirms and reverses in part the Posey Superior Court’s restitution order. Finds the trial court erred when it ordered Steven Akehurst to pay restitution to Jennifer Noble for lost wages incurred by Noble when she attended the sentencing hearing, but finds the court did not abuse its discretion when it ordered Akehurst to pay the difference between the insurance payment for the car and the car loan pay-off amount. Remands for the trial court to enter a corrected sentencing order to amend the restitution order for lost earnings from $318.80 to $255.55.

Makenzie D. Shultz v. State of Indiana
Criminal. Affirms and reverses in part Makenzie D. Shultz’s convictions of Level 1 felony neglect of a dependent resulting in death, Level 3 felony neglect of a dependent resulting in serious bodily injury, Class A misdemeanor false informing, Class A misdemeanor failure to report a dead body, Level 6 felony obstruction of justice and two counts of Level 6 felony perjury. Vacates Shultz’s conviction of neglect of a dependent resulting in serious bodily injury. Finds that because the jury could have relied on the evidence of asphyxiation to support multiple findings of neglect, Shutlz’s multiple convictions of neglect subject her to double jeopardy. Also finds there was sufficient evidence to convict Shultz of neglect of a dependent resulting in death. Remands for the Tippecanoe Superior Court to resentence Shultz for the remaining convictions.

Southside Automotive of Anderson, Inc., and David Amadio v. Celeste Smith and Byron Swain
Small claims. Reverses the denial of Southside Automotive of Anderson, Inc. and David Amadio’s motion to set aside default judgment for Celeste Smith and Byron Swain. Finds the default judgment should have been set aside. Remands for further proceedings.

Jacob Lee Silvers v. State of Indiana
Criminal. Affirms and reverses in part Jacob Lee Silvers’ drug-related convictions. Finds Silvers was not deprived of due process when the Cass Superior Court denied his motion for a continuance. Also finds the evidence was sufficient to support Silvers’ conviction of Class C misdemeanor possession of paraphernalia, but not for his conviction of Level 6 felony possession of cocaine. Remands for resentencing.

Rebecca A. Camplin v. State of Indiana (mem. dec.)
Criminal. Affirms the revocation of Rebecca A. Camplin’s probation and order for her to serve all of her suspended sentence. Finds the Bartholomew Superior Court did not abuse its discretion.

Derek Wayne Levi v. State of Indiana (mem. dec.)
Criminal. Affirms Derek Wayne Levi’s conviction of failure to register as a sex offender as a Level 5 felony. Finds the Vanderburgh Circuit Court did not err in denying Levi’s motion to dismiss or in instructing the jury. Also finds the evidence is sufficient to sustain Levi’s conviction.

Charles Richardson v. State of Indiana (mem. dec.)
Criminal. Affirms Charles Richardson’s conviction of possession of a handgun without a license as a Class A misdemeanor. Finds the Marion Superior Court did not abuse its discretion in the admission of evidence.

In re the Termination of the Parent-Child Relationship of J.C.D. (Minor Child) and J.D. (Father) J.D. (Father) v. Indiana Department of Child Services (mem. dec.)
Juvenile termination of parental rights. Affirms the termination of J.D.’s parental rights to his son, J.C.D. Finds the Vanderburgh Superior Court did not violate J.D.’s due process rights when it denied his motion to continue. Also finds the trial court did not err when it concluded that there is a reasonable probability that the continuation of the parent-child relationship poses a threat to the well-being of J.C.D., or in concluding adoption was a satisfactory plan.

In Re the Marriage of: C.E. f/k/a C.P. v. J.P. (mem. dec.)
Domestic relations with children. Reverses the Lake Superior Court’s order regarding the parenting time relationship between C.E. and J.P. Finds the trial court’s order is a de facto modification of physical custody that neither parent requested. Remands for further proceedings.

Quentin Weatherspoon v. State of Indiana (mem. dec.)
Criminal. Affirms Quentin Weatherspoon’s conviction of battery as a Class B misdemeanor. Finds the state presented sufficient evidence to sustain Weatherspoon’s conviction of battery beyond a reasonable doubt.

Christopher Mitzs v. State of Indiana (mem. dec.)
Criminal. Affirms Christopher Mitzs’ conviction of possession of cocaine. Finds the traffic stop that led to Mitzs’ conviction did not violate the Fourth Amendment.

Tyrone Grayson v. State of Indiana (mem. dec.)
Post-conviction. Affirms the denial of Tyrone Grayson’s petition for post-conviction relief. Finds the post-conviction court did not err.

Joseph R. Keller v. State of Indiana (mem. dec.)
Criminal. Affirms Joseph R. Keller’s 10-year sentence for his conviction of Level 4 felony child molesting. Finds Keller’s sentence is not inappropriate in light of the nature of the offense and his character.
Andrew Douglas v. State of Indiana (mem. dec.)
Criminal. Affirms Andrew Douglas’ conviction of Class A misdemeanor battery resulting in bodily injury. Finds that because Douglas’ rash behavior instigated and precipitated the injury to Lynette Armstrong, he cannot claim he was acting in self-defense of others.

Derrick Harris v. State of Indiana, et al. (mem. dec.)
Miscellaneous. Reverses the entry of summary judgment in favor of the state on Derrick Harris’ petition for writ of habeas corpus. Finds the Putnam Superior Court should have transferred the case to the Delaware Circuit Court. Remands with instructions to transfer Harris’ petition to the Delaware Circuit Court to be considered on the merits.