Opinions March 24, 2021

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Tuesday:
United States of America v. Stanford Wylie
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Senior Judge Robert L. Miller Jr.
Criminal. Vacates the portion of Stanford Wylie’s sentence that imposes five years of supervised release. Finds the district court erred in finding it was required to impose a five-year term of supervised release. Remands to reconsider the length of Wylie’s supervised release and for further proceedings.

Wednesday opinions
Daniel S. Gladstone v. West Bend Mutual Insurance Company
Civil tort. Affirms the jury award of $0 to Daniel Gladstone in a claim for pain and suffering against West Bend Mutual Insurance Company and the Lake Superior Court’s admission of his medical bills as evidence. Declines to adopt a bright-line rule that evidence of medical expenses is never admissible where their recovery is not sought. Finds the trial court did not abuse its discretion in admitting evidence of Gladstone’s medical expenses in his case. Also finds Gladstone has waived his arguments that the admission of testimony regarding settlement negotiations and insurance payments entitle him to a new trial.

Timothy Hall v. State of Indiana (mem. dec.)
Post conviction. Affirms the denial of Timothy Hall’s petition for post-conviction relief. Finds the Allen Circuit Court had jurisdiction to enter judgment of conviction on Hall’s guilty plea to Class D felony nonsupport of a dependent. Also finds the trial court did not err in denying Hall’s PCR petition.

Eric Walker v. State of Indiana (mem. dec.)
Criminal. Affirms Eric Walker’s convictions of possession of cocaine having a prior enhancing conviction of a Level 5 felony, possession of a narcotic drug as a Level 6 felony and neglect of a dependent as a Level 6 felony. Finds the state proved beyond a reasonable doubt in Marion Superior Court that Walker possessed cocaine and fentanyl. Also finds the evidence was sufficient to sustain a conviction for neglect of a dependent.

Rocky L. Truex v. State of Indiana (mem. dec.)
Post-conviction. Affirms the denial of Rocky L. Truex’s petition for post-conviction relief. Finds Truex has filed to show that he was prejudiced by his trial counsel’s failure to object to certain evidence, so he does not prevail on his ineffective assistance of counsel claim. Also finds the Jay Circuit post-conviction court properly denied Truex’s request for relief.

Alen Middleton v. State of Indiana (mem. dec.)
Criminal. Affirms Alen Middleton’s sentence to 180 days, with 176 days suspended to probation and four days served in jail, for his conviction of Class A misdemeanor domestic battery. Finds the Vanderburgh Superior Court did not abuse its discretion by ordering Middleton to pay for a batterer’s intervention program as a condition of his probation. Remands with instructions to conduct an indigency hearing upon completion of his sentence.

R.W. v. State of Indiana (mem. dec.)
Juvenile. Affirms R.W.’s adjudication for what would have been resisting law enforcement as a Level 6 felony if committed by an adult. Finds the state proved beyond a reasonable doubt in Marion Superior Court that R.W. committed what would have been Level 6 felony resisting law enforcement in committed by an adult.

Gary Allan Hicks v. State of Indiana (mem. dec.)
Criminal. Affirms Gary Allan Hicks’ sentence to an aggregate 18 years for his convictions of reckless homicide as a Level 5 felony and unlawful possession of a firearm by a serious violent felon as a Level 4 felony. Finds the Monroe Circuit Court did not abuse its discretion in sentencing Hicks. Also finds Hicks’ sentence is not inappropriate in light of the nature of the offense and his character.

In Re: The Matter of Royc. Y. and Roya. Y., minor children, J.Y. v. Indiana Department of Child Services (mem. dec.)
Juvenile CHINS. Affirms the adjudication of father J.Y.’s children Royc. Y. and Roya. Y. as children in need of services. Finds the Lawrence Circuit Court properly adjudicated the twins as CHINS.

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