Opinions July 13, 2020

The following 7th Circuit Court opinions were posted after IL Deadline Friday and Sunday:
Earlene Branch Peterson v. William P. Barr
20-2252
Appeal from the United States District Court for the Southern District of Indiana, Terre Haute Division. Chief Judge Jane Magnus-Stinson.
Civil. Vacates the preliminary injunction issued by the Southern District Court halting the federal execution of Daniel Lee. Finds the plaintiffs’ APA claim lacks any arguable legal basis and is therefore frivolous. Also finds section 16-90-502(e)(1) of the Arkansas Code is irrelevant to the case at hand and that the district court judge was wrong to insert it into the case.

Daniel Lewis Lee v. T. J. Watson
20-2128
Appeal from the United States District Court for the Southern District of Indiana, Terre Haute Division. Judge James Patrick Hanlon.
Civil. Affirms the Southern District Court’s denial of Daniel Lee’s § 2241 petition, finding it was properly denied and follows directly from Purkey v. United States, No. 19-3318, 2020 WL 3603779 (7th Cir. July 2, 2020). Also denies Lee’s motion for a stay of execution.

Monday’s opinions
Indiana Court of Appeals
Charles J. Dempsey, on behalf of himself and all others similarly situated v. LaPorte County Auditor Joie Winski and LaPorte County Treasurer Nancy Hawkins
19A-PL-02683
Civil plenary. Affirms the LaPorte Superior Court’s denial of Charles J. Dempsey’s motion for class certification seeking to represent LaPorte County taxpayers who had, since 2006, been given a refund or credit against future tax payments without an interest payment. Holds the trial court did not abuse its discretion in denying Dempsey’s motion.

Dorothy Goodpaster v. State of Indiana (mem. dec.)
20A-CR-182
Criminal. Affirms Dorothy Goodpaster’s 180-day sentence suspended to probation for conviction in Marion Superior Court of Class A misdemeanor operating a vehicle while intoxicated endangering a person. Finds sufficient evidence to support the conviction.

Kahala Jamal Wright v. State of Indiana (mem. dec.)
20A-CR-17
Criminal. Affirms Kahala Wright’s two convictions of Level 1 felony attempted murder and his criminal gang sentencing enhancement. Finds sufficient evidence to support the convictions and that the St. Joseph Superior Court did not abuse its discretion in admitting evidence that Wright was a member of a gang to prove motive.

Clayton Frazier v. State of Indiana (mem. dec.)
20A-CR-255
Criminal. Affirms the Madison Circuit Court’s order finding that Clayton Frazier violated his probation and its requirement that he serve three years in the Department of Correction.

Ryan M. Richison v. State of Indiana (mem. dec.)
20A-CR-62
Criminal. Affirms Ryan Richison’s 27-year sentence for conviction of voluntary manslaughter, residential entry and criminal mischief. Finds Richison has not demonstrated an abuse of the Huntington Circuit Court’s sentencing discretion. Finds his sentence is not inappropriate.

In the Matter of the Termination of the Parent-Child Relationship of J.H., Mother, and Te.R.J., Ta.R.J., T.T.J., and T.H., Minor Children, J.H. v. Indiana Department of Child Services, et al. (mem. dec.)
20A-JT-178
Juvenile termination. Affirms the termination of J.H.’s parental rights to her four children. Concludes that mother has failed to show that the Marion Superior Court committed clear error in determining that there was not a reasonable probability that the reasons for the removal of children would be remedied. Also finds mother has failed to demonstrate that the juvenile court committed clear error in determining that termination of her parental rights was in the best interest of children.

Craig E. Hardiman v. State of Indiana (mem. dec.)
19A-PC-2950
Post conviction. Affirms the denial of Craig Hardiman’s post-conviction relief petition. Concludes that Hardiman has failed to carry his burden of establishing a reasonable probability that he would have succeeded at trial in Gibson Circuit Court if a motion to suppress had been made and sustained.

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