Opinions Feb. 4, 2020

Keywords Opinions

The following 7th Circuit opinion was posted after IL deadline Monday:
Steven Dotson v. United States of America
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge William T. Lawrence.
Civil. Affirms Steven Dotson’s enhanced mandatory minimum sentence under the Armed Career Criminal Act. Finds that allowing Dotson’s Indiana felony burglary conviction to sustain his enhanced sentence does not offend principles of fair notice. 

Tuesday opinions
Indiana Court of Appeals
Paul J. Kinnaman v. State of Indiana (mem. dec.)
Criminal. Affirms Paul Kinnaman’s convictions of attempted murder as a Level 1 felony, pointing a firearm as a Level 6 felony, resisting law enforcement as a Level 6 felony and unlawful possession of a firearm by a serious violent felon as a Level 4 felony, and his habitual offender status. Finds the Johnson Superior Court did not err in denying Kinnaman’s petition for discharge. Also finds venue was proper in Johnson County.

In the Matter of the Parent-Child Relationship of L.C. (Child) and M.H. (Mother); M.H. (Mother) v. The Indiana Department of Child Services (mem. dec.)
Juvenile termination of parental rights. Affirms the involuntary termination of mother M.H.’s parental rights to her child, L.C. Finds the Department of Child Services presented evidence that supported the findings challenged by M.H. Also finds the Delaware Circuit Court’s findings supported its conclusion that the conditions under which L.C. was removed would not be remedied and that termination was in the child’s best interests. Finally, finds the proffered plan of adoption was sufficient evidence of a satisfactory plan for L.C.’s placement and care following the termination of M.H.’s parental rights.

Brian L. Gardner v. State of Indiana (mem. dec.)
Criminal. Affirms the revocation of Brian Gardner’s home detention placement. Finds sufficient evidence to support the Vanderburgh Circuit Court’s determination that Gardner violated the terms and conditions of his community corrections placement.

In the Matter of the Termination of the Parent-Child Relationship of V.P. (Minor Child) and M.S. (Mother) and T.P. (Alleged Father) v. Indiana Department of Child Services (mem. dec.)
Juvenile termination of parental rights. Affirms the termination of mother M.S. and father T.P.’s parental rights to their child, V.P. Finds the juvenile court’s findings demonstrate a reasonable probability that the conditions resulting in V.P.’s removal from the parents’ care will not be remedied. Also finds sufficient evidence to sustain the juvenile court’s findings regarding V.P.’s best interests.

Amanda Isley v. Blake Miller (mem. dec.)
Domestic relation. Affirms the Carroll Circuit Court’s order denying Amanda Isley’s motion for modification of custody of her three minor children with their father, Blake Miller. Finds no abuse of discretion in the trial court’s conclusion that ordering the children to travel from Delphi to North Carolina every two weeks was not in their best interest.

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