Opinions March 2, 2023

The following 7th Circuit Court of Appeals opinion was posted after IL deadline on Wednesday:
United States of America v. Darell Roland
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge James P. Hanlon.
Criminal. Affirms a Marion County judge’s issuance of a warrant to search Darell Roland’s car. Finds Indianapolis police had probable cause to search the car.

Thursday opinions
Court of Appeals of Indiana
Matthew Joseph Frazier, Jr. v. State of Indiana (mem. dec.)
Criminal. Affirms Matthew Frazier’s conviction of attempted residential entry. Finds the state presented sufficient evidence in the Marion Superior Court to support Frazier’s conviction.

Charles B. Summers v. State of Indiana (mem. dec.)
Criminal. Affirms Charles Summers’ placement in the Department of Correction following the revocation of his community corrections placement and probation. Finds the Marion Superior Court did not abuse its discretion when it ordered Summers to serve five years in the DOC.

In Re: The Guardianship of S.S.: Susan Stillwell v. Mark Stillwell (mem. dec.)
Guardianship. Affirms the denial of mother Susan Stillwell’s motion to modify the guardianship court’s order setting forth an agreement regarding spousal-maintenance termination. Finds the Allen Superior Court did not commit reversible error by presiding over Stillwell’s motion to modify the settlement conference order, nor did it err by taking judicial notice of Susan and Mark Stillwell’s dissolution proceeding. Also finds the court possessed the requisite authority to decide the spousal-maintenance issue. Finally, finds the parents are bound by the court’s settlement conference order, and that order is not subject to modification by the guardianship court.

S.R. v. State of Indiana (mem. dec.)
Juvenile delinquency. Affirms the juvenile court’s grant of wardship of S.R. to the Department of Correction. Finds the Lawrence Circuit Court did not abuse its discretion in determining S.R. requires help that he is unlikely to receive outside the DOC.

In the Matter of the Termination of the Parental Rights of: A.B. and J.Y. (Minor Children), and A.Y. (Mother) and T.Y. (Father) v. Indiana Department of Child Services (mem. dec.)
Juvenile termination of parental rights. Affirms the termination of mother A.Y. and father T.Y.’s parental rights to J.Y., A.B. Finds the Howard Circuit Court’s orders were supported by clear and convincing evidence.

F.H. v. State of Indiana (mem. dec.)
Juvenile delinquency. Affirms F.H.’s placement in the Department of Correction following his violation of the probation he was serving. Finds because F.H. agreed to the modified dispositional order that placed him in the DOC, he cannot challenge that placement on appeal. Also finds the LaGrange Circuit Court did not err as a matter of law by failing to refer F.H. for assessment prior to imposing the parties’ agreed modification of the dispositional order. Finally, finds the juvenile court erred when it failed to include a finding in the modified dispositional order that indicated F.H. is a dual status child. Remands with instructions to modify the dispositional order to include a finding that F.H. is a dual status child.

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