Opinions Feb. 19, 2021

7th Circuit Court of Appeals
United States of America v. Teria L. Anderson
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Senior Judge Sarah Evans Barker.
Criminal. Vacates Teria Anderson’s conviction of distributing a controlled substance and her sentencing enhancement for serious bodily injury. Finds there is no evidence from which a rational trier of fact could conclude that Anderson aided and abetted the May 30, 2017, transaction between Frankie Ray and Ian Buchanan. Also finds the district court did not err in finding the two-level leadership enhancement applicable. Remands to the district court for resentencing on the conspiracy conviction without a serious-bodily-injury enhancement. 

Indiana Court of Appeals
A.J. v. M.W. (mem. dec.)

Adoption. Affirms the determination that father A.J.’s consent to his child’s adoption by the child’s stepfather was not necessary pursuant to Indiana Code § 31-19-9-8. Finds the Starke Circuit Court’s determination was not clearly erroneous.

Terrence W. Isaacs v. State of Indiana (mem. dec.)
Criminal. Affirms Terrence Isaacs’ conviction of Level 2 felony dealing in methamphetamine. Finds that the search warrant for Isaacs’ residence was supported by probable cause and the Franklin Circuit Court did not abuse its discretion in admitting the evidence procured via the warrant.

Terrence Terrell Jones-Bey v. State of Indiana (mem. dec.)
Criminal. Affirms the finding that Terrence Terrell Jones-Bey was in direct contempt of court. Finds the Lake Superior Court’s written statement pursuant to Indiana Code § 34-47-2-4(b) is sufficient as it, in combination with the record, has adequately enabled the Court of Appeals to review the finding of Jones-Bey’s contempt. Also finds evidence exists to support the trial court’s finding of contempt.

Alan Orozco-Salmeron v. State of Indiana (mem. dec.)
Criminal. Affirms Alan Orozco-Salmeron’s six-year sentence with two served in the Indiana Department of Correction, three served on home detention and one suspended to probation, for his convictions of Level 5 felony kidnapping and Level 6 felony counts of criminal recklessness domestic battery, cocaine possession and methamphetamine possession. Finds Orozco-Salmeron’s sentence is not inappropriate. Also finds Orozco-Salmeron waived any argument regarding the Marion Superior Court’s consideration of a probable cause affidavit. Finally, finds any sentencing error the trial court may have committed can only be considered harmless.

Christopher M. Dillard v. State of Indiana (mem. dec.)
Criminal. Affirms Christopher M. Dillard’s murder conviction and his 65-year sentence. Finds the Porter Superior Court did not err in denying Dillard’s motion for change of venue based on prejudicial pretrial publicity or his motion to dismiss based on the failure of police to preserve a knife belatedly discovered at the murder scene. Also finds the trial court did not err in the admission of evidence. Finally, finds the trial court did not abuse its discretion in sentencing Dillard.

Mark A. Conley v. State of Indiana (mem. dec.)
Criminal. Affirms Mark Conley’s sentence to 1½ years in the Department of Correction, 1½ years in community corrections and one year suspended to probation for his conviction of Level 5 felony operating a vehicle after a lifetime suspension. Finds Conley’s sentence imposed in Tippecanoe Superior Court is not inappropriately harsh.

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