Subscriber Benefit
As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowThe following 7th Circuit Court of Appeals opinion was posted after IL deadline Friday:
USA v. Edward Bishop
18-2019
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Robert L. Miller Jr.
Criminal. Affirms Edward Bishop’s conviction of discharging a firearm during a drug transaction. Finds the warrant authorizing the search of his cellphone did not violate the Fourth Amendment’s requirement that every warrant “particularly describ[e] the place to be searched, and the persons or things to be seized.”
Monday’s opinions
Indiana Court of Appeals
Chris E. Harkins v. Shannon Westmeyer, Jon Niklas, Angie Harkins, and Janet Harkins
15A01-1703-CT-530
Civil tort. Affirms the Dearborn Superior Court’s grant of summary judgment in favor of Shannon Westmeyer, Jon Niklas, Angie Harkins and Janet Harkins. Finds the court did not err in striking Chris Harkin’s response materials as untimely filed. Finds the trial court did not err in granting summary judgment in favor of the defendants.
Anthony T. Mickens v. State of Indiana
18A-CR-698
Criminal. Affirms Anthony Mickens’ conviction of Level 3 felony criminal confinement resulting in serious bodily injury, Level 5 felony battery resulting in serious bodily injury, and Class A misdemeanor theft. Finds there was sufficient evidence to support the criminal confinement conviction.
Cathy Lynn Baker v. Douglas L. Grout
18A-DR-1572
Domestic relation. Reverses and remands the Hamilton Superior Court’s order denying Cathy Baker’s petition for emancipation, termination of child support, and termination of income withholding. Reverses the trial court’s denial of Baker’s petition to support and remands to grant petition, terminating child support effective July 13, 2018. Orders repayment of all child support paid by Baker since that date.
S.B. as Next Friend of A.D. v. Randolph Eastern School Corporation (mem. dec.)
18A-MI-1575
Miscellaneous. Affirms the Randolph Superior Court’s grant of summary judgment in favor of Randolph Eastern School Corporation, thereby upholding a 2015 decision to expel S.B. for several months. Finds the trial court did not violate a handbook provision S.B. claims the school failed to comply with. Reminds schools of the importance of complying with their adopted procedures.
Joseph A. Demma v. State of Indiana (mem. dec.)
18A-CR-1804
Criminal. Remands the Vigo Superior Court’s order revoking Joseph Demma’s direct placement in home detention. Finds the record is not clear regarding the amount of credit time Demma is entitled to, therefore remands to the trial court to make such a determination and award Demma the proper amount of credit time.
Ahmaud Hyde v. State of Indiana (mem. dec.)
18A-CR-696
Criminal. Affirms Ahmaud Hyde’s conviction of Level 6 felony failure to register as a sex offender. Finds the trial court did not commit fundamental error by failing to explicitly rule on the admissibility of an exhibit during trial. Finds Hyde’s status as a sexually violent predator was determined by operation of statute, and he has failed to establish his claim that he was misadvised regarding his status as an SVP prior to the trial court accepting the guilty plea.
In the Matter of the Guardianship of Zachary Johnson: Adam D. Johnson v. Sarah Oswalt (mem. dec.)
18A-GU-816
Guardianship. Affirms the Allen Superior Court’s order removing father Adam Johnson as guardian for his adult son, Zachary Johnson, and the appointment of mother Sarah Oswalt as Zach’s successor guardian. Finds the trial court did not abuse its discretion.
Please enable JavaScript to view this content.