Opinions March 14, 2023

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The following 7th Circuit Court of Appeals opinion was posted after IL deadline on Monday:
United States of America v. Gary Tinsley
22-1417
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division.  Judge James Patrick Hanlon. Affirms Gary Tinsley’s conviction of armed bank robbery, drug possession with intent to distribute and multiple gun crimes. Finds the district court did not err and there was sufficient evidence to convict.

Tuesday opinions
Court of Appeals of Indiana
United Farm Family Mutual Insurance Company v. Hudson Insurance Company
22A-PL-00544
Civil plenary. Reverses summary judgment in insurance claim case. Finds the Marion Superior Court erroneously granted summary judgment in favor of Hudson Insurance Company. Remands for further proceedings to assess the amount of “statutory interest and all legal fees and costs incurred in pursuing collection until the award is paid.”

Michael Wayne Shepard v. State of Indiana
22A-CR-02029
Criminal. Affirms Michael Wayne Shepard’s conviction of Class A misdemeanor resisting law enforcement. Finds the state presented sufficient evidence to support the conviction.

Christy Kenworthy v. Lyons Ins & Real Estate Inc., and Michael E. Lyons (mem. dec.)
22A-CC-01375
Civil collection. Affirms Wayne Superior Court’s denial of Christy Kenworthy’s motion for relief from judgment in lawsuit. Finds the trial court did not abuse its discretion in denying her motion.

Breanna Denise Woods v. State of Indiana (mem. dec.)
22A-CR-02410
Criminal. Affirms Breanna Denise Woods conviction for Class A misdemeanor resisting law enforcement. Finds there was sufficient evidence to support the conviction.

Joe M. Delgado v. State of Indiana (mem. dec.)
21A-CR-02206
Criminal. Affirms Joe Delgado’s conviction of Level 3 felony aggravated battery, Level 4 felony possessing material capable of causing bodily injury by an inmate, Level 6 felony criminal organization activity and an aggregate sentence. Finds Delgado’s convictions do not violate Indiana’s prohibition against double jeopardy, the Miami Superior Court did not abuse its discretion when it denied his motion for a mistrial and his sentence is not inappropriate.

Wade E. Boyer v. State of Indiana (mem. dec.)
22A-CR-02001
Criminal. Affirms Boone Superior Court’s order requiring Wade Boyer to serve the remainder of his original sentence incarcerated as the sanction for his probation violation. Finds the trial court did not abuse its discretion when it ordered Boyer.

Charles R. Stanley v. State of Indiana (mem. dec.)
22A-CR-01109
Criminal. Affirms Charles Stanley’s convictions of possession of methamphetamine and possession of paraphernalia. Finds Stanley waived any error when he did not object to admission of evidence.

In re the Matter of the Guardianship of Herbert H. Carter, Adult Tina Bedwell v. Sandra Galicia (mem. dec.)
22A-GU-02374
Guardianship. Affirms Hancock Superior Court’s order for Tina Bedwell to pay $12,403 in attorney fees. Finds the trial court did not abuse its discretion.

In re: The Termination of the Parent-Child Relationship of N.D. (Minor Child); D.D. (Father) v. Indiana Department of Child Services (mem. dec.)
22A-JT-01097
Juvenile termination of parental rights. Affirms termination of parental rights between N.D. the child and D.D. the father. Finds there is sufficient evidence to support the termination.

Phillip W. Hutchinson v. State of Indiana (mem. dec.)
22A-PC-01150
Post-conviction appeal. Affirms denial of Phillip Hutchinson’s post-conviction relief petition. Finds there was no error.

Michelle P. Gregorio v. State of Indiana (mem. dec.)
22A-CR-01436
Criminal. Affirms Marion Superior Court’s denial of Michelle Gregorio’s motion to suppress evidence obtained during a strip search. Finds the trial court did not err.

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