Opinions Feb. 7, 2020

  • Print
Listen to this story

Subscriber Benefit

As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe Now
This audio file is brought to you by
Loading audio file, please wait.
  • 0.25
  • 0.50
  • 0.75
  • 1.00
  • 1.25
  • 1.50
  • 1.75
  • 2.00

7th Circuit Court of Appeals
Gail Martin v. Andrew M. Saul

Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Magistrate Judge Susan Collins.
Civil. Reverses the denial of disability benefits to Gail Martin, finding a second administrative law judge’s decision was not supported by substantial evidence. Orders the award of benefits for Martin, finding her disabled.

 Indiana Court of Appeals
Paternity: Abriel Theresa Jenika Gonzalez, et al. v. Johnathan Michael Ortiz
Juvenile paternity. Reverses the St. Joseph Circuit Court’s finding that Johnathan Ortiz is entitled to relief. Finds the trial court erred in granting Ortiz’s motion to dismiss Abriel Gonzalez’s petition to establish child support, concluding Ortiz is the legal father of Gonzalez’s child, with all attendant legal consequences. Finds it is now too late to conclude otherwise. Remands for further proceedings.

James E Miske Jr v. State of Indiana
Post conviction. Reverses the denial of James Miske’s petition for post conviction relief from his 145-year sentence for conviction of Class A felonies rape and two counts of criminal deviant conduct, Class C felony criminal confinement, Class D felonies strangulation, domestic battery committed in the presence of a child, and intimidation, and Class A misdemeanors battery and resisting law enforcement. Finds by a preponderance of the evidence that Miske is entitled to relief on his claims that his appellate counsel was ineffective for omitting two issues on direct appeal. Remands with instructions.

Allen Houx v. State of Indiana (mem. dec.)
Criminal. Affirms Allen Houx’s conviction of Level 1 felony child molesting. Finds the Marion Superior Court did not err in allowing a witness to testify as to what another witness and told her.

Kim E. Sanders v. State of Indiana (mem. dec.)
Criminal. Affirms Kim Sanders’ conviction of Level 5 felony sexual misconduct with a minor. Finds sufficient evidence to support the conviction.

In re the Termination of the Parent-Child Relationship of S.W. and B.W. (Minor Children), T.H. (Mother) v. Indiana Department of Child Services (mem. dec.)
Juvenile termination. Affirms the termination of T.H.’s parental rights to her minor children, S.W. and B.W. Finds clear and convincing evidence supports the trial court’s order involuntarily terminating Mother’s parental rights to her children. Finds no due process rights violations.

In the Matter of T.M., Jr. v. State of Indiana (mem. dec.)
Juvenile. Affirms T.M., Jr.’s adjudication on two counts of criminal recklessness and two counts of dangerous possession of a firearm, all of which would constitute criminal offenses if committed by an adult. Finds sufficient evidence to support the adjudications.

Angel D. Sanders v. State of Indiana (mem. dec.)
Criminal. Reverses Angel Sanders’ above-advisory 730-day sentence for conviction of Level 6 felony possession of a narcotic drug, remanding for the Bartholomew Circuit Court to enter a new sentencing order. Finds the trial court’s failure to explain its sentencing decision was not harmless error.

Amanda Edwards v. State of Indiana (mem. dec.)
Criminal. Affirms Amanda Edwards’ aggregate 10-year sentence for conviction of Level 4 felony methamphetamine dealing, two counts of Level 6 felony narcotic-drug possession, Level 6 felony maintaining a common nuisance, Level 6 felony unlawful possession of a syringe, and Class C misdemeanor paraphernalia possession. Finds the sentence is not inappropriate.

Bryant Dowdy v. State of Indiana (mem. dec.)
Post conviction. Affirms the denial of Bryant Dowdy’s petition for post-conviction relief.  Finds the post-conviction court did not clearly err in finding Dowdy’s trial counsel was not ineffective.

Michael T. Barnett v. State of Indiana (mem. dec.)
Post conviction. Affirms the denial of Michael Barnett’s petition for post conviction relief. Finds the petition was properly denied.


Please enable JavaScript to view this content.

{{ articles_remaining }}
Free {{ article_text }} Remaining
{{ articles_remaining }}
Free {{ article_text }} Remaining Article limit resets on
{{ count_down }}