Opinions Feb. 1, 2019

February 1, 2019

7th Circuit Court of Appeals 
Mack Sims v. William Hyatte

Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Robert L. Miller, Jr.
Civil. Reverses the denial of Mack Sims’ habeas petition. Finds the state committed a Brady violation when it withheld evidence that the victim, Shane Carey, identified Sims after being hypnotized. Judge Amy Coney Barrett dissents with separate opinion. 

Indiana Court of Appeals 
In the Matter of the Involuntary Termination of the Parent-Child Relationship of D.H., K.H., and E.H. (Minor Children) and L.H. (Mother) v. The Indiana Department of Child Services

Juvenile termination of parental rights. Reverse the termination of mother L.H.’s parental rights to minor children D.H., K.H, and E.H. Finds the Department of Child Services committed significant procedural failings in the case. Remands for the reinstatement of the CHINS cases, a re-examination of the requirements for L.H.’s reunification with the children, and a revised dispositional order outlining the services L.H. must complete in order to reunify with them. 

Anthony Warren v. State of Indiana (mem. dec.)
Criminal. Affirms Anthony Warren’s murder conviction, the finding that he was a habitual offender and his 65-year sentence, with a 30-year enhancement for being a habitual offender. Finds the Marion Superior Court did not abuse its discretion by denying Warren’s motion to correct erroneous sentence. Also finds the trial court properly identified Warren’s motion to correct error as an improper substitute for such a request for permission to file a successive petition for post-conviction relief.