Opinions March 5, 2019

March 5, 2019

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Monday:
United States of America v.  Jason Galloway

Appeal from the United States District Court for the Southern District of Indiana, Evansville Division. Judge Richard L. Young. 
Criminal. Dismisses Jason Galloway’s appeal of his 10-year sentence for possessing ammunition as a felon. Finds Galloway waived his appellate rights in his plea agreement. Also finds the language of the plea agreement was anomalous, but the agreement was still valid and enforceable.  

Tuesday opinions
Indiana Supreme Court 
Angelo Bobadilla v. State of Indiana

Post-conviction. Reverses the denial of deported immigrant Angelo Bobadilla’s petition for post-conviction relief alleging his trial counsel was ineffective for failing to properly advise him of the immigration consequences of a misdemeanor guilty plea. Finds Bobadilla’s trial counsel was ineffective, and Bobadilla was prejudiced by his counsel’s performance. Also finds the record shows a reasonable probability that had Bobadilla known the full immigration consequences of his plea agreement, he would have rejected the plea bargain and instead insisted on going to trial. Remands for further proceedings. Justice Mark Massa dissents with separate opinion joined by Justice Geoffrey Slaughter. 

Indiana Court of Appeals 
Richard Wesley Chandler v. State of Indiana (mem. dec.)

Criminal. Affirms Richard Chandler’s aggregate six-year sentence for several offenses, including Level 5 felony battery resulting in bodily injury to a pregnant woman. Finds the Morgan Circuit Court did not abuse its discretion by omitting reference to the plea agreement, finding Chandler did not demonstrate it was a mitigating factor. 

In the Matter of the Involuntary Termination of the Parent-Child Relationship of A.B. (Minor Child), and M.B. (Father) v. The Indiana Department of Child Services (mem. dec.)
Juvenile termination of parental rights. Affirms the termination of M.B.’s parental rights to A.B. Finds the Department of Child Services established by clear and convincing evidence the requisite elements to support the termination of parental rights.

Alejandro Hernandez-Miguel v. State of Indiana (mem. dec.)
Criminal. Affirms Alejandro Hernandez-Miguel’s conviction of Level 4 felony child molesting and his seven-year sentence. Finds there is sufficient evidence to support the conviction. Also finds the Clinton Circuit Court did not err in failing to inform Hernandez-Miguel of the fact that he is not a credit restricted felon and the consequences of being a credit restricted felon. Finally, finds Hernandez-Miguel’s sentence is not inappropriate in light of the nature of the offense and his character.