Opinions Aug. 4, 2021

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The following 7th Circuit Court of Appeals opinion was posted after IL deadline Tuesday:
David A. Resnick v. United States of America
Civil. Affirms the Indiana Northern District Court’s determination that David Resnick was not deprived of his Sixth Amendment right to effective assistance of counsel and its denial of his motion to vacate pursuant to 28 U.S.C. § 2255. Finds Resnick has failed to establish that his trial counsel’s performance during the plea process, trial and sentencing violated that right.

Wednesday opinions
Indiana Court of Appeals
In the Matter of K.Y., a Child Alleged to Be Delinquent, K.Y. v. State of Indiana
Juvenile. Affirms in part, reverses in part the adjudication of K.Y. for two counts of intimidation, a Level 6 felony and a Class A misdemeanor, respectively, if committed by an adult. Finds sufficient evidence to support the Level 6 felony, but remands with instructions to vacate the Class A misdemeanor on double jeopardy grounds.

David J. Avalle v. State of Indiana (mem. dec.)
Criminal. Dismisses David J. Avalle’s appeal of the denial of his motion for a bond reduction and the Cass Superior Court’s sua sponte increase of his bond. Finds Avalle’s appeal is moot.

Stephen Peele v. State of Indiana (mem. dec.)
Criminal. Affirms the denial of Stephen Peele’s petition for removal from the sex offender registry. Finds Peele has failed to carry his burden of showing an ex post facto violation, and the Marion Superior Court did not abuse its discretion in denying his petition for removal from the sex offender registry.

Omar Gene Burton v. State of Indiana (mem. dec.)
Criminal. Affirms the Jennings Circuit Court’s order regarding Omar Burton’s credit days. Finds the trial court did not err when it issued its order reflecting that Burton’s credit time had been applied to another case. Declines to address Burton’s claim that his guilty plea was involuntary because that claim is not properly before the Indiana Court of Appeals.

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