Opinions May 11, 2021

The following 7th Circuit Court of Appeals opinion was posted after IL deadline on Monday:
Katherine Black v. Cherie Wrigley
20-2656
Civil. Affirms a jury’s verdict against Katherine Black in her defamation dispute with Cherie Wrigley and denies her request for a new trial based on her assertions that the Northern District Court of Illinois erred in several ways. Finds no errors warrant a reversal of the jury’s verdict.

Tuesday’s opinions
Indiana Court of Appeals
Timothy D Weinley v. State of Indiana(mem.dec.)
19A-CR-02442
Criminal. Affirms Timothy Weinley’s conviction and 15-year sentence for Level 3 felony rape, enhanced by 15 years for being an habitual offender, as well as his two-year sentence for Level 6 felony intimidation. Finds that the incredible dubiosity rule does not apply, and D.H.’s testimony was sufficient to support Weinley’s convictions. Finds that the trial court did not abuse its discretion in sentencing Weinley and that his 15-year sentence for his rape conviction is not inappropriate in light of the nature of the offense and his character.

James Dana Powers Sr. v. State of Indiana(mem.dec.)
20A-CR-01808
Criminal. Affirms James Dana Powers Sr.’s aggregate 16-year sentence for conviction of two counts of domestic battery and two counts of intimidation, all as Level 5 felonies. Finds sufficient evidence to support Powers’ convictions. Finds the trial court did not abuse its discretion when it sentenced Powers, and that his sentence is not inappropriate.

Curtis G. Collman II v. State of Indiana(mem.dec.)
20A-CR-02135
Criminal. Affirms Curtis Collman’s aggregate 60-year sentence for Level 1 felony neglect of a dependent resulting in death and Level 5 felony intimidation, as well as his enhancement for being a habitual offender. Finds that the trial court did not abuse its discretion in finding L.C.’s age to be an aggravating factor, nor in finding the violation of a position of trust to be an aggravating factor. Also finds the trial court’s reliance on the threat to witnesses and the victim was at most harmless and did not amount to an abuse of the trial court’s discretion.

CHINS: L.W. v. Indiana Department of Child Services, et al.(mem.dec.)
20A-JC-02358
Juvenile CHINS. Affirms the adjudication of L.W.’s minor child, B.W. as a child in need of services. Finds the trial court’s adjudication of Child as a CHINS was not clearly erroneous.

Keegan A. Mills v. State of Indiana(mem.dec.)
21A-CR-00178
Criminal. Affirms Keegan A. Mills six-year sentence for conviction of Level 5 felony battery by means of a deadly weapon, with three years executed in the Indiana Department of Correction. Finds Mills’s sentence is not inappropriate in light of his character.

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