Opinions March 16, 2020

The following 7th Circuit Court of Appeals opinion was posted after IL deadline on Friday.
USA v. Sheila Geary
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Judge Joseph S. Van Bokkelen.
Criminal. Affirms Sheila Geary’s 57-month prison sentence and five years of supervised release for a child pornography conviction, as well as an order that she pay $55,600 in restitution jointly and severally with her husband, David Geary. Finds no clear error in the district court’s factual findings that Sheila was a but-for cause of a child’s abuse. Also finds the inclusion of the restitution amount in Sheila’s PSR was sufficient notice to her that David’s restitution amount would be used in her sentencing. Thus, finds no error in relying on the calculation from David’s sentencing to determine the amount of restitution that Sheila would owe.

Monday’s opinions
Indiana Court of Appeals

Rodney Duane Johnson v. State of Indiana (mem. dec.)
Post conviction. Affirms the St. Joseph Superior Court’s denial of Rodney Johnson’s successive petition for postconviction relief. Finds Johnson’s claim to be waived.

Jamar Green v. State of Indiana (mem. dec.)
Criminal. Affirms Jamar Green’s conviction in Marion Superior Court of Level 4 felony unlawful possession of a firearm by a serious violent felon. Finds Green has not met his burden to establish fundamental error.

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