Opinions March 3, 2023

The following 7^th Circuit Court of Appeals opinions were posted after IL deadline on Thursday:
United States of America v. Dejuan Andre Worthen
21-2950
Appeal from the United States District Court for the Southern District of Indiana, New Albany Division. Senior Judge Sarah Evans Barker.
Criminal. Affirms the district court’s denial of Deujuan Worthen’s motion to dismiss the charge of discharge of a firearm resulting in death. Finds Hobbs Act robbery is a crime of violence for the purposes of the sentencing enhancement in 18 U.S.C. § 924(c)(3)(A).

Stant USA Corp., et al. v. Factory Mutual Insurance Company
22-1336
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Senior Judge Sarah Evans Barker.
Civil. Affirms the district court’s grant of a motion to dismiss filed by Factory Mutual Insurance Company in a dispute with Stant USA Corporation. Finds Stant’s claim of physical property loss or damage does not fall within the coverage of its policy with Factory Mutual.

Friday opinions
Court of Appeals of Indiana
Darin M. Haberkorn v. State of Indiana
22A-CR-2150
Criminal. Affirms Darin Haberkorn’s conviction of Class B misdemeanor harassment. Finds sufficient evidence supports Haberkorn’s harassment conviction. Also finds the Allen Superior Court did not commit fundamental error in instructing the jury.

Cameron B. Hallett v. State of Indiana (mem. dec.)
22A-CR-1859
Criminal. Affirms Cameron Hallett’s murder conviction and sentence of 80 years. Finds Eric McDonnell’s statements to Kellee Mentzer fall into the excited utterance exception to the rule against hearsay, so the Allen Superior Court did not abuse its discretion when it admitted Mentzer’s testimony. Also finds the state presented sufficient evidence to support Hallett’s murder conviction. Finally, finds Hallett’s sentence is not inappropriate.

William B. Harris v. State of Indiana (mem. dec.)
22A-CR-1451
Criminal. Affirms William Harris’ convictions of two Level 1 felony offenses of child molesting and two Level 4 offenses of sexual misconduct with a minor. Finds the Hamilton Superior Court did not err in trying Harris in absentia.

Timothy R. Thomas v. State of Indiana (mem. dec.)
22A-CR-770
Criminal. Affirms Timothy Thomas’ conviction of aggravated battery and a 16-year sentence. Finds Thomas’ acquittal of murder did not preclude his aggravated battery conviction. Also finds Thomas has not established reversible error in the admission of evidence. Finally, finds Thomas did not establish that his sentence is inappropriate.

Dominique L. Barbour v. State of Indiana (mem. dec.)
22A-CR-1515
Criminal. Affirms Dominique Barbour’s conviction of two counts of Level 6 felony intimidation. Finds the Marion Superior Court did not abuse its discretion when it allowed the jury to view Barbour’s unmasked face.

Kurt Spurlin v. State of Indiana (mem. dec.)
22A-CR-2127
Criminal. Affirms Kevin Spurlin’s convictions of eight counts of Class A felony child molesting and sentence of 180 years. Finds the Marion Superior Court did not abuse its discretion when instructing the jury, and even if there was fundamental error, Spurlin invited it. Also finds Spurlin’s sentence is not inappropriate.

Jennifer Lynn Martin v. State of Indiana (mem. dec.)
22A-CR-2821
Criminal. Affirms the revocation of Jennifer Martin’s work release placement and her four-year sentence. Finds the Vanderburgh Superior Court did not violate Martin’s right to due process when it revoked her work release placement. Also finds the trial court did not abuse its discretion when it sentenced Martin.

Sherry A. Renner Biggs v. Terri Renner (mem. dec.)
22A-GU-2042
Guardianship. Affirms the Monroe Circuit Court’s order appointing Sherry Renner Biggs’ sister, Terri Renner, as guardian of the person of their mother. Finds the trial court did not abuse its discretion when it revoked the mother’s power of attorney and granted Terri’s petition to be appointed the mother’s guardian over her person.

D.B. v. State of Indiana (mem. dec.)
22A-JV-2383
Juvenile delinquency. Affirms D.B.’s placement in the Indiana Department of Correction. Finds the Elkhart Circuit Court Juvenile Division did not abuse its discretion by placing D.B. in the DOC.

Larry Randolph v. State of Indiana (mem. dec.)
21A-PC-2410
Post-conviction. Affirms the denial of Larry Randolph’s post-conviction relief petition. Finds Randolph has failed to establish that his trial or appellate counsel performed deficiently. Also finds Randolph has waived his freestanding claims.