Opinions Dec. 29, 2021

Keywords Opinions

The following 7th Circuit Court of Appeals opinion was posted after IL deadline on Tuesday.
United States of America v. Nathan Mansfield
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge James R. Sweeney, II.
Criminal. Affirms Nathan Mansfield’s sentence of 188 months in prison for possession with intent to distribute methamphetamine. Finds Mansfield waived his right to challenge the consideration of his arrest history during his sentencing as he did not object to the district court’s consideration of the presentence investigation report or its contents. Finds even if the point wasn’t waived a substantial history of arrests – especially of a similar offense of conviction – can be a relatable factor to consider sentencing. Concludes the district court did not err. 

Wednesday opinions
Court of Appeals of Indiana
In re the Adoption of S.A.C., M.M. v. Indiana Department of Child Services (mem. dec.)

Adoption. Affirms the denial of M.M.’s petition to adopt S.A.C. Finds the Allen Superior Court did not err by concluding that DCS did not unreasonably withhold its consent to M.M.’s petition for adoption.

Connie Hussung v. Woodland Hills Care Center (mem. dec.)
Agency. Affirms the Full Worker’s Compensation Board of Indiana’s denial of Connie Hussung’s claim for worker’s compensation benefits. Finds the evidence does not lead inescapably to a conclusion contrary to the board’s. Specifically finds evidence that Hussung’s leg fracture was not caused by leaning forward, but was solely the result of her preexisting conditions.

Ronald Filson and Michelle Filson v. Austin M. Bierman, John Pullins, and Jacqueline Debshaw (mem. dec.)
Civil plenary. Affirms the Jasper Superior Court’s judgment in favor of Austin Bierman, John Pullins, and Jacqueline Debshaw against Bierman’s parents, Ronald and Michelle Filson, regarding Bierman’s sale of inherited property to Pullins and Debshaw. Finds that the Filsons’ claims against the buyers were groundless, unreasonable, and frivolous. Finds that the Filsons have not established any reversible error in the trial court’s judgment.

Latrell D. McCall v. State of Indiana (mem. dec.)
Criminal. Affirms Latrell McCall’s conviction of Level 2 felony dealing in a controlled substance with intent to deliver and Level 6 felony dealing in a synthetic drug or look alike substance. Finds sufficient evidence to support McCall’s convictions. Finds his sentence is not inappropriate in light of the nature of the offenses and his character.

Milton Vanderford v. State of Indiana (mem. dec.)
Criminal. Affirms Milton Vanderford’s sentence for three counts of Class A misdemeanor invasion of privacy, ordered to be served consecutively with 360 days for Count 1 and one year each on Counts 2 and 3, with all but 180 days suspended to probation. Finds sufficient evidence to support the convictions and finds that his sentence is not inappropriate in light of the nature of his offenses and his character.

Richard Johnson v. State of Indiana (mem. dec.)
Criminal. Affirms Richard Johnson Jr.’s 30-year sentence for two counts of Level 3 felony aggravated battery. Finds Johnson’s sentence is not inappropriate in light of the offenses and his character.

Jeremy Brenman v. State of Indiana (mem. dec.)
Criminal. Reverses Jeremy Brenman’s conviction for Level 6 felony impersonation of a public servant. Finds the record does not show Brenman’s personal waiver of the right to a trial by jury, either orally or in writing, before the bench trial. Finds the absence of his personal jury trial waiver requires reversal of his conviction and remands for a new trial.

In the Termination of the Parent-Child Relationship of: Mc.O (Minor Child), and R.N. (Father) v. Indiana Department of Child Services, and Kids’ Voice of Indiana, and Mc.O. (Child Respondent)
Juvenile termination. Affirms the involuntary termination of R.N.’s parental rights with his child M.O. Concludes that clear and convincing evidence supports the Marion Superior Court’s determination that adoption is a satisfactory plan for the care and treatment of M.O.

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