7th Circuit Court of Appeals
Mark Benner v. Jesse Carlton, Chief Probation Officer of St. Joseph County, Indiana
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division.
Judge Damon R. Leichty.
Civil. Affirms the denial of Mark Benner’s petition for collateral relief from his convictions of child seduction. Finds Indiana Code § 35-42-4-7(n) is not unconstitutionally vague.
Court of Appeals of Indiana
Randall R. Kirk Revocable Trust (Randall R. Kirk, Trustee), and Brenda Rae Kirk Revocable Trust (Brenda Rae Kirk, Trustee) v. John Brown and Annetta Brown
Civil plenary. Reverses the dismissal of the amended complaint filed by the Randall R. Kirk Revocable Trust and the Brenda Rae Kirk Revocable Trust. Finds the defendants have now shown that it is apparent that the facts alleged in the amended complaint are incapable of supporting relief under any set of circumstances.
Mark Anthony Jaramillo v. State of Indiana
Criminal. Affirms Mark Anthony Jaramillo’s conviction of Level 2 felony voluntary manslaughter. Finds the Lake Superior Court did not abuse its discretion in excluding a toxicology report.
Toby Sorg v. Lisa A. Wegehoft (mem. dec.)
Domestic relations with children. Affirms the Elkhart Circuit Court’s order awarding spousal incapacity maintenance to wife Lisa Wegehoft. Finds the trial court did not abuse its discretion in awarding spousal incapacity maintenance. Also finds husband Toby Sorg waived his argument that the trial court abused its discretion admitting certain evidence. Finally, finds the trial court did not abuse its discretion in determining the amount of incapacity maintenance.
Doyle Wilson, Jr. v. State of Indiana (mem. dec.)
Criminal. Affirms Doyle Wilson’s conviction of felony murder and Level 1 felony conspiracy to commit burglary. Finds the Delaware Circuit Court did not abuse its discretion in admitting evidence. Also finds there was sufficient evidence to support Wilson’s conspiracy conviction.
Tracey L. Wheeler, Jr., v. State of Indiana (mem. dec.)
Criminal. Reverses the dismissal of Tracey Wheeler’s motion for return of a car and stereo equipment that he alleges was seized when he was arrested and charged with a Class A felony dealing in cocaine. Finds the Vigo Superior Court erred by dismissing the motion based on the existence of Wheeler’s small claims action requesting the return of $750 seized during a different arrest. Remands for the entry of default judgment against the state and for further proceedings.
K.G. v. State of Indiana (mem. dec.)
Juvenile. Affirms the Elkhart Circuit Court’s decision to grant wardship of K.G. to Indiana Department of Correction. Finds the trial court did not abuse its discretion when it granted wardship of K.G. to the DOC. Also finds the trial court did not commit fundamental error when it conducted the juvenile disposition modification proceedings remotely via videoconference.
Oscar Martinez, Jr. v. State of Indiana (mem. dec.)
Criminal. Affirms the denial of Oscar Martinez’s motion to dismiss the indictment against him for Level 6 felony resisting law enforcement and Class C misdemeanor reckless driving. Finds the Lake Superior Court did not abuse its discretion by denying the motion to dismiss.