Opinions July 23, 2021

7th Circuit Court of Appeals
United States of America v. Kashawn Morrow
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Richard L. Young.
Criminal. Affirms Kashawn Morrow’s convictions on counts of Hobbs Act robbery and firearms offenses in relation to four robberies across Indiana and Ohio. Vacates the restitution award against Morrow. Finds Morrow failed to satisfy the plain error requirements to successfully challenge count 8. Also finds Hobbs Act robbery is a crime of violence. Finally, finds it was error for the district court to order restitution for property stolen during the Troy, Ohio robbery. Remands for a determination of the appropriate restitution award for the Ohio robbery.

Indiana Court of Appeals
Timothy O’Connor v. State of Indiana
Criminal. Reverses the Marion Superior Court’s order forfeiting a $20,000 bond Timothy O’Connor claims he is entitled to and instead billing him for the full amount. Finds that the bond expired 36 months after it was posted, so the forfeiture proceedings were invalid.

Steven M. Terrell v. State of Indiana (mem. dec.)
Criminal. Affirms Steve Terrell’s sentence to six years, with one year suspended to probation, for his conviction of Level 4 felony child molesting. Finds his sentence is not inappropriate.

Vedarious Cole v. Stateof Indiana (mem. dec.)
Criminal. Affirms Vedarious Cole’s conviction of Level 5 felony carrying a handgun without a license. Finds the Morgan Superior Court did not abuse its discretion when it instructed the jury on constructive possession.

Blake Green v. State of Indiana (mem. dec.)
Criminal. Affirms Blake Green’s aggregate 52-year sentence, with seven years suspended to supervised probation, for his convictions of Level 1 felony rape, Level 2 felony burglary, Level 3 felony criminal confinement, Level 6 felony strangulation and Level 6 felony residential entry. Finds the Tippecanoe Superior Court did not abuse its discretion when sentencing Green. Also finds the sentence is not inappropriate in light of the nature of the offense and the character of the offender.

B.L. (Mother) v. Indiana Department of Child Services (mem. dec.)
Juvenile CHINS. Affirms the Allen Superior Court’s grant of the Department of Child Services’ motion for a permanency order modifying custody of minor children J.B. and D.B. to their father, C.L. and its order granting mother B.L. supervised visitation. Finds the trial court did not abuse its discretion or commit clear error when it ordered that custody be modified from mother to father and that mother’s parenting time be supervised.

In the Termination of the Parent-Child Relationship of: H.K. (Minor Child), and H.F. (Mother) v. Indiana Department of Child Services (mem. dec.)
Juvenile termination of parental rights. Affirms the termination of mother H.F.’s parental rights to her child, H.K. Finds the evidence supported the termination. Also finds clear and convincing evidence supports the conclusion that termination of parental rights is in H.K.’s best interests.

Shah Alam v. Shavon J. Tucker (mem. dec.)
Small claims. Affirms a Warren Township Small Claims Court judgment in favor of Shavon Tucker after the court found that Shah Alam had failed to establish Tucker’s alleged breach by failure to pay an August 2020 rent installment. Finds Alam did not show that the evidence points solely to a conclusion opposite that reached by the trial court.

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