Opinions May 11, 2023

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The following 7th Circuit Court of Appeals opinion was posted after Indiana Lawyer deadline on Wednesday:
United States of America v. Jalen Howard
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Tanya Walton Pratt.
Criminal. Affirms Jalen Howard’s conviction of being a felon in possession of a weapon. Finds no error during jury selection.

Thursday opinions
Court of Appeals of Indiana
Chad E. Hammann v. State of Indiana
Criminal. Affirms the Dearborn Circuit Court’s revocation of Chad Hammann’s probation. Finds the trial court did not err by denying Hammann’s motion to dismiss. Also finds Hammann was not deprived of his due process right to written notice of the claimed violations of probation. Finally, finds the evidence is sufficient to support the revocation.

M-B-C Corp. v. C&R Shambaugh Family, LLC (mem. dec.)
Civil plenary. Affirms the Allen Superior Court’s summary judgment in favor of C&R Shambaugh Family LLC on M-B-C Corp.’s complaint for breach of contract. Remands to the trial court for determination of a reasonable fee award. Finds no genuine issue of material fact exists that the 2020 settlement signed by the two sole shareholders of MBC released all claims between MBC and C&R and operated as a bar to the lawsuit filed by MBC against C&R. Also finds the 2020 settlement awarded appellate attorney fees to C&R.

Jessica Lynn Hinton v. State of Indiana (mem. dec.)
Criminal. Affirms Jessica Hinton’s sentence of five years’ imprisonment for operating a vehicle while intoxicated resulting in serious bodily injury. Finds her sentence is not inappropriate.

Freida Starks v. State of Indiana (mem. dec.)
Criminal. Affirms Freida Starks’ convictions of Level 6 felony criminal recklessness. Reverses Starks’s conviction of Level 6 pointing a firearm and remands it to be vacated. Finds Starks’ convictions for Counts I and II violate Indiana’s prohibition on double jeopardy. Remands with instructions.

Timothy Jelks v. State of Indiana (mem. dec.)
Criminal. Affirms Timothy Jelks’ sentence to 17½ years, with 5½ years suspended to probation, 10 years executed, two years of community corrections and two years of standard probation. for Level 2 felony conspiracy to commit murder not resulting in death. Finds the Marion Superior Court did not abuse its discretion when it declined to continue Jelks’ sentencing hearing. Also finds Jelks’ sentence is not inappropriate given the nature of his offense and his character.

Curtis R. Jones v. State of Indiana (mem. dec.)
Criminal. Affirms Curtis Jones’ convictions of Level 3 felony neglect of a dependent and Level 6 felony neglect of a dependent. Finds the Porter Superior Court did not abuse its discretion by denying Jones’ motion to dismiss Count II. Also finds the state presented sufficient evidence to support Jones’ convictions. Finally, finds Jones’ convictions do not constitute double jeopardy.

In the Matter of: A.L.J. and A.M.J., Children in Need of Services: S.J. (father) v. Indiana Department of Child Services (mem. dec.)
Juvenile CHINS. Affirms finding that father S.J.’s children, A.M.J. and A.L.J., were children in need of services. Finds the juvenile court did not err.

In the Involuntary Termination of the Parent-Child Relationship of: N.G. and M.B. (Minor Children) And A.B. (Mother) v. Indiana Department of Child Services (mem. dec.)
Juvenile termination of parental rights. Affirms the Fayette Circuit Court’s termination of the mother A.B.’s parental rights to her minor children. Finds the trial court did not abuse its discretion by terminating A.B.’s parental rights to the children.

Emmanuel A. Winters v. State of Indiana (mem. dec.)
Post-conviction relief. Dismisses Emmanuel Winters’ appeal of the denial of his petition for post-conviction relief. Finds Winters forfeited his right to appeal when he failed to timely file his notice of appeal.

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