Opinions June 24, 2022

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The following 7th Circuit Court of Appeals opinions were posted after IL deadline on Thursday:
United States of America v. Joshua W. Eaden
Appeal from the United States District Court for the Southern District of Indiana, Evansville Division. Judge Richard L. Young.
Criminal. Modifies Joshua W. Eaden’s forfeiture and restitution, reducing those obligations by $189,709 and $40,817.81, respectively. Finds two of Eaden’s restitution and forfeiture arguments merit relief, and the government concedes as much. Also finds no other error or nonobvious error.

Paul Halczenko, Doctor, on behalf of himself and all those similarly situated v. Ascension Health, Inc., et al.
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge James P. Hanlon.
Civil. Affirms the denial of Dr. Paul Halczenko’s motion for a preliminary injunction requiring St. Vincent Hospital in Indianapolis to reinstate him to its pediatric intensive care unit after he was fired for failing to comply with the hospital’s vaccine mandate. Finds Halczenko has not shown irreparable harm or that legal remedies under Title VII would be inadequate.

Friday opinions
Court of Appeals of Indiana
Chasity M. Becklehimer v. State of Indiana
Criminal. Reverses Chasity Becklehimer’s conviction and sentence for Level 6 felony neglect of a dependent. Finds insufficient evidence to sustain Becklehimer’s conviction.

In re the Adoption of A.S.M.M. and A.N.L.M. (Minor Children) A.M. v. M.R.F. and D.L.W. (mem. dec.)
Adoption. Affirms the Allen Superior Court’s order granting the petitions of adoptive parents M.R.F. and D.L.W. to adopt two of father A.M.’s children, A.S.M.M. and A.N.L.M. Finds the trial court did not err in concluding that A.M.’s consent to the adoption was unnecessary or that adoption by the adoptive parents was in the children’s best interests.

Zachary D. Perry v. State of Indiana (mem. dec.)
Criminal. Affirms Zachary D. Perry’s sentence to an aggregate of four years for his convictions of Level 6 felony auto theft and Level 6 felony operating a vehicle while intoxicated endangering a person. Finds the Bartholomew Circuit Court did not abuse its discretion in not considering Perry’s mitigating factors.

Gerald J. Tyree, Jr. v. State of Indiana (mem. dec.)
Criminal. Remands to the Marion Superior Court Gerald J. Tyree Jr.’s convictions for murder, robbery and carrying a handgun without a license. Finds the trial court erred by merging Tyree’s felony murder conviction with the murder conviction. Also finds the written sentencing order and the abstract of judgment do not accurately reflect his convictions for robbery and carrying a handgun without a license. Vacates the felony murder conviction and orders the trial court to amend the written sentencing order and abstract of judgment accordingly. Also orders the trial court to amend the written sentencing orders and abstract of judgments to reflect that the robbery conviction is a Level 5 felony and the carrying a handgun without a license conviction is a Class A misdemeanor.

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