The following 7th Circuit Court of Appeals opinion was posted after IL deadline on Wednesday.
DeWayne Perry v. Richard Brown
Appeal from the United States District Court for the Southern District of Indiana, Terre Haute Division. Judge William T. Lawrence.
Civil. Vacates the Southern District Court’s ruling that equitable tolling is only possible when an “external obstacle” impeded timely filing. Finds the district court needs to determine whether a brain injury caused DeWayne Perry’s delay in seeking habeas review under 28 U.S.C. §2254, and if so whether circumstances as a whole justify equitable tolling. Finds Perry’s medical condition could frustrate his ability to gather and present such evidence on his own, therefore making it appropriate for the district court to appoint counsel to assist him. Remands for proceedings.
Indiana Court of Appeals
William Michael Bean, II v. State of Indiana
Criminal. Reverses the Hancock Circuit Court’s admission of evidence obtained during a search of William Bean II’s vehicle as a result of Bean jumping up and down. Finds officers lacked a reasonable belief that Bean was armed and dangerous after conducting a pat-down search and that they should not have continued searching him. Remands for proceedings. Judge John Baker dissents with opinion.
M.P. v. State of Indiana (mem. dec.)
Juvenile paternity. Affirms the modification of M.P.’s placement in the Indiana Department of Correction. Finds that While the Clark Circuit Court violated its statutory obligation to provide findings and conclusions, the error was harmless under the facts and circumstances. Admonishes the court to include the compulsory written findings and conclusions when issuing a delinquent’s dispositional decree.
Termination: E.S. v. Indiana Department of Child Services (mem. dec.)
Juvenile termination. Affirms the termination of the parent-child relationship between E.S. and his child, A.S. Finds the Vanderburgh Superior Court did not abuse its discretion in denying father’s motion to continue the termination fact-finding hearing. Finds sufficient evidence to support the termination.
Hosey Whitmore, Jr. v. State of Indiana (mem. dec.)
Post conviction. Affirms the denial of Hosey Whitmore’s petition for post-conviction relief. Finds the St. Joseph Superior Court properly denied relief.
Ian Daugherty v. State of Indiana (mem. dec.)
Criminal. Affirms Ian Daugherty’s conviction in Marion Superior Court of Level 6 felony escape. Finds sufficient evidence to rebut Daugherty’s defense of necessity.