Opinions June 7, 2019

Keywords Opinions

7th Circuit Court of Appeals 
United States of America v. Charles D. St. Clair
18-1933
Appeal from the U.S. District Court for the Northern District of Indiana, Fort Wayne Division. Chief Judge Theresa L. Springmann. 
Criminal. Affirms Charles St. Clair’s sentence that included 17 discretionary conditions placed on his supervised release. Finds St. Clair waived his right to challenge because he told the district court at his revocation hearing that he had received prior notice of the proposed conditions and discussed them with his counsel, and that he had no objections or questions about the conditions. 

Indiana Court of Appeals 
Lawrence Amick v. State of Indiana
19A-CR-27
Criminal. Remands the Marion Superior Court’s decision to enter community corrections fees for Lawrence Amick based on a sliding scale. Finds the record does not include a “sliding scale” or state who established it or who administers it. Therefore, remands for the trial court to clarify its intent regarding the fee and for further proceedings with the opinion. 

Utica Township Fire Department Incorporated v. Floyd County Board of Zoning Appeals
18A-PL-2725
Civil plenary. Affirms the Floyd Circuit Court’s denial of Utica Township Fire Department Incorporated’s petition for judicial review of a decision of the Floyd County Board of Zoning Appeals. Finds the fire department’s purchased property is a dwelling and can be used as such.

Curtis L. McBride v. State of Indiana (mem. dec.)
18A-PC-2167
Post conviction. Affirms the Elkhart Circuit Court’s denial of Curtis McBride’s pro se petition for post conviction relief. Finds the trial court properly denied McBride’s petition and that he was not denied effective assistance of trial counsel. Also finds McBride’s issue is waived as to whether the trial court erred by failing to address his claim of ineffective assistance of another trial counsel. 

In the Matter of the Termination of the Parent-Child Relationship of J.B. (Minor Child), and L.V. (Mother) v. The Indiana Department of Child Services (mem. dec.)
18A-JT-2698
Juvenile termination. Affirms the termination of mother L.V.’s parental rights to child J.B. Finds the Fayette Circuit Court did not abuse its discretion in denying L.V.’s motion to continue the termination fact-finding hearing. 

Brian Stewart v. State of Indiana (mem. dec.)
18A-CR-2353
Criminal. Affirms Brian Stewart’s aggregate six-year sentence for conviction of Level 6 felony possession of methamphetamine and two counts of Level 6 felony theft. Finds Stewart’s sentence is not inappropriate in light of the nature of his offenses and his character.

Silver Lake Partners, LLC v. Town of Silver Lake, Indiana (mem. dec.)
18A-PL-2701
Civil plenary. Affirms the Kosciusko Superior Court’s affirmation of an administrative order to demolish a building on property owned by Silver Lake Partners, LLC. Finds the hearing officer’s decision approving the demolition order was not arbitrary and capricious because it was supported by substantial evidence. 

In the Matter of the Termination of the Parent-Child Relationship of A.A. and F.S., Minor Children, L.A., Mother v. The Indiana Department of Child Services (mem. dec.)
18A-JT-3100
Juvenile termination. Affirms the involuntary termination of mother L.A.’s parental rights to her children A.A. and F.S. Finds the Vanderburgh Superior Court’s determination that termination is in the best interests of the children is supported by clear and convincing evidence.

Anthony Wayne Cilek v. State of Indiana (mem. dec.)
18A-CR-2005
Criminal. Affirms the Lake Superior Court’s decision to revoke Anthony Cilek’s probation and to impose the balance of his suspended sentence less time served. Finds the trial court did not abuse its discretion in imposing the sentence based on Cilek’s admission to failing to meet with his probation officer. 
 

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