Opinions July 16, 2019

Keywords Opinions

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Monday:
American Homeland Title Agency, Inc., John Yonas, and Martin Rink v. Stephen W. Robertson, Commissioner of the Indiana Department of Insurance

Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Senior Judge Sarah Evans Barker.
Civil plenary. Affirms summary judgment for Stephen Robinson and the Indiana Department of Insurance on American Homeland’s suit alleging the department discriminated against it for the loss of its licenses for its out-of-state residency. Finds that because American Homeland surrendered its licenses in its agreement with the department and has provided no valid reason to void that agreement, judicial review is unavailable.

Tuesday opinions
Indiana Supreme Court
Mohamed M. Dadouch v. State of Indiana

Criminal. Reverses Mohamed Dadouch’s conviction of Class A misdemeanor domestic battery following a bench trial in Knox Superior Court. Finds the defendant did not validly waive his right to a jury trial because neither of the advisement of rights forms that he signed contained complete information about what he was required to do to demand a jury trial and what the deadlines for filing were. Agrees with the Indiana Court of Appeals that the evidence was sufficient to support the conviction, so the state is free to retry Dadouch.   

Indiana Court of Appeals
Patrick Neil Tinker v. State of Indiana

Criminal. Affirms Patrick Neil Tinker’s convictions of Level 6 felony dealing in marijuana and Class B misdemeanor possession of marijuana. Finds the Hamilton Superior Court did not abuse its discretion in admitting evidence obtained during a search of Tinker’s vehicle.

Michael Leroy Tunis v. State of Indiana
Criminal. Affirms the contempt finding against Michael Leroy Tunis and his 180-day jail sentence. Finds the Tippecanoe Superior Court did not abuse its discretion in finding Tunis in direct contempt of court for refusing to testify as a witness in the trial of Samuel Jude Clark. Also finds the 180-day sentence is reasonable and not inappropriate.

Mark Benner v. State of Indiana
Criminal. Affirms Mark Benner’s convictions of Class C felony and Class D felony counts of child seduction, finding the evidence presented in St. Joseph Superior Court was sufficient to support the conviction.

Kyla Taylor v. State of Indiana (mem. dec.)
Criminal. Affirms Kyla Taylor’s 365-day sentence, with two days of credit time, 363 days suspended and 180 days of nonreporting probation for her conviction of Class A misdemeanor carrying a handgun without a license. Finds Taylor’s sentence is not inappropriate in light of the nature of the offense and the character of the offender.

Jarred Parton v. State of Indiana (mem. dec.)
Criminal. Affirms Jarred Parton’s five-year aggregate sentence for his convictions of Level 6 felony possession of methamphetamine and Level 6 felony failure to return to lawful detention. Finds Parton has failed to show his guilty plea was a significant mitigating circumstance.
Mark Corey Taylor v. State of Indiana (mem. dec.)
Criminal. Affirms the denial of Mark Corey Taylor’s pro se request to file a belated notice of appeal from the Marion Superior Court’s denial of his motion to correct erroneous sentence. Finds the trial court did not err.

David Dimmett v. State of Indiana (mem. dec.)
Criminal. Affirms David Dimmett’s convictions of two Level 2 felony drug dealing offenses, Level 3 felony narcotics possession, two counts of Level 6 felony narcotics possession and one misdemeanor count each of narcotics possession and marijuana possession, his guilty plea to being a habitual offender, and his aggregate 38-year sentence. Finds the Vanderburgh Superior Court did not commit reversible error in admitting evidence that Dimmett shared drugs with a fellow addict. Also finds Dimmett is foreclosed from challenging the validity of his habitual offender guilty plea via direct appeal. Finally, finds Dimmett has failed to meet his burden of demonstrating that his sentence is inappropriate.

Jenny Anne Lee v. Paul William Lee (mem. dec.)
Domestic relations. Reverses the order denying mother Jenny Anne Lee’s request to relocate and awarding sole legal custody to father Paul William Lee. Finds the Marion Superior Court should have granted Jenny’s motion to continue. Remands for a new hearing.

Michael Hicks v. State of Indiana (mem. dec.)
Criminal. Affirms Michael Hicks’ conviction of Class A misdemeanor criminal trespass. Finds the evidence is sufficient to support Hicks’ conviction.
Trevor O'Neal v. State of Indiana (mem. dec.)
Criminal. Affirms Trevor O’Neal’s sentence to an aggregate 25 years, with eight years suspended to probation, for his convictions of two Level 4 felony burglaries, seven Level 5 felony burglaries, two Level 5 felony attempted burglaries and seven Level 6 felony thefts. Finds O’Neal’s sentence is not inappropriate.

Joshua Bartley v. State of Indiana (mem. dec.)
Criminal. Affirms Joshua Bartley’s conviction of Class A misdemeanor invasion of privacy. Finds Bartley’s appeal is not moot because the Court of Appeals elected to grant Bartley leave to amend his brief and proceed with the appeal after the Marion Superior Court entered an amended sentencing order. Also finds the evidence is sufficient to support Bartley’s conviction.
Quantae A. Johnson v. State of Indiana (mem. dec.)
Criminal. Affirms the determination that Quantae A. Johnson violated his community corrections and probation by refusing to testify against his wife at her trial. Finds Johnson agreed to testify against his wife in his plea agreement, so the Hamilton Superior Court properly found that he violated both community corrections and probation when he did not testify at her trial.
Tamesha Angalena Williams v. State of Indiana (mem. dec.)
Criminal. Affirms Tamesha Angalena Williams’ conviction of Class B misdemeanor possession of marijuana. Finds there is sufficient evidence supporting the conviction.
K.B. v. State of Indiana (mem. dec.)
Juvenile. Affirms K.B.’s adjudication as a delinquent child for committing acts that would constitute Class B misdemeanor disorderly conduct if committed by an adult. Finds the state presented sufficient evidence to support K.B.’s delinquency adjudication.

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