Opinions Aug. 30, 2019

The following 7th Circuit Court of Appeals was posted after IL deadline on Thursday.

Malcolm Cobb, Jr. v. Aramark Correctional Services
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Senior Judge Sarah Evans Barker.
Civil. Reverses and remands the Southern District Court’s dismissal of Malcolm Cobb Jr.’s lawsuit, finding he was late in filing his state-court negligence action against Aramark Correctional Services, which then was removed to federal court. Finds the district court misinterpreted Indiana’s prison mailbox rule and that Cobb had submitted reasonable, legitimate, and verifiable documentation supporting his claim that his documents were timely submitted.

Indiana Court of Appeals
Lindsay N. Grubbs v. State of Indiana
Criminal. Affirms Lindsay Grubbs’ conviction of Class A misdemeanor possession of methamphetamine and Class C misdemeanor possession of paraphernalia. Finds there is sufficient evidence to support Grubb’s convictions.

J.S. v. State of Indiana (mem. dec.)
Juvenile. Affirms the Hendricks Superior Court’s order placing J.S. under supervised probation for a period of six months and that he complete an inpatient substance abuse treatment program. Finds no abuse of discretion in the juvenile court’s disposition.

Shawn Robert Thomas Cowling v. State of Indiana (mem. dec.)
Criminal. Affirms Shawn Cowling’s 40-year sentence for Level 1 felony child molesting. Finds the Tippecanoe Superior Court did not abuse its discretion in sentencing him.

Christopher Theophilus Gilmore v. State of Indiana (mem. dec.)
Criminal. Affirms Christopher Gilmore’s 27-year sentence for his conviction of Level 2 felony robbery resulting in bodily injury. Finds the sentence is not inappropriate given his character and the nature of Gilmore’s offense, despite his mental health issues.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of: K.B. (Minor Child) and K.Y. (Mother) v. Indiana Department of Child Services (mem. dec.)
Juvenile termination. Affirms the termination of K.Y.’s parental rights to her minor child, K.B. Concludes the Indiana Department of Child Services presented clear and convincing evidence to support the Whitley Circuit Court’s order terminating K.Y.’s parental rights to K.B.

Grover McPhaul v. State of Indiana (mem. dec.)
Criminal. Affirms Grover McPhaul’s six-year sentence for conviction of two counts of Level 5 felony battery resulting in bodily injury to a public safety official and Class B misdemeanor criminal mischief. Finds the Madison Circuit Court did not err in in denying his motion to dismiss due to the state’s alleged failure to preserve certain evidence. Also finds the trial court did not abuse its discretion by refusing to give the jury an instruction on self-defense.


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