Opinions Aug. 5, 2020

The following 7th Circuit Court of Appeals opinion was posted after IL Deadline Tuesday:
John Myers v. Ron Neal
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge James R. Sweeney II.
Civil. Reverses the order granting John Myers’ petition for a writ of habeas corpus and reinstates his murder conviction in the 2000 death of Indiana University student Jill Behrman. Finds that the district court correctly held that Myers’ counsel was deficient, but determines that deficiency was not prejudicial in light of the strength of the state’s case against Myers separate and apart from those errors.

Indiana Supreme Court
Brandon Battering v. State of Indiana
Criminal. Reverses the Pulaski Circuit Court’s denial of Brandon Battering’s request for motion for discharge of his child molesting convictions after the state belatedly asked for and received a stay of the proceedings. Finds that because time continued to count against Criminal Rule 4(C)’s one-year limitation in prosecuting the charged crimes and the state exceeded this limitation, Battering is ultimately entitled to discharge.

Indiana Court of Appeals
Morgan Perona v. State of Indiana (mem. dec.)
Criminal. Affirms Morgan Perona’s concurrent three- and one-year sentences for conviction in Allen Superior Court of Level 5 felony possession of methamphetamine and Class A misdemeanor resisting law enforcement. Finds her sentence is not inappropriate.

Martez Smith v. State of Indiana (mem. dec.)
Criminal. Affirms Martez Smith’s convictions for Level 4 felony unlawful possession of a firearm by a serious violent felon, Level 3 felony aggravated battery, and Level 5 felony criminal recklessness. Finds no double jeopardy violation and holds that the Marion Superior Court did not err in entering judgments of conviction for aggravated battery and criminal recklessness.

E.S. v. State of Indiana (mem. dec.)
Juvenile status. Affirms E.S.’s delinquency adjudication in Marion Superior Court for consuming an alcoholic beverage. Finds sufficient evidence to support the conclusion that the Powerade bottle E.S. had possession of contained at least one-half percent of alcohol when E.S. drank out of it.

Alfred Johnson v. State of Indiana (mem. dec.)
Criminal. Affirms the Madison Circuit Court order requiring Alfred Johnson to serve probation. Finds that his appeal is untimely and that he is not entitled to relief.

John F. Jachimiak v. State of Indiana (mem. dec.)
Criminal. Affirms John Jachimiak’s conviction in St. Joseph Superior Court of Class B misdemeanor criminal mischief. Finds sufficient evidence to support the conviction.

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