Opinions May 22, 2023

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The following 7th Circuit Court of Appeals opinion published after IL’s deadline Friday:

United States of America v. Travis Lee Beechler
21-3379
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge James Hanlon.
Criminal. Affirms Travis Beechler’s convictions of possession with intent to distribute controlled substances, possession of a firearm in furtherance of a drug trafficking crime and possession of a firearm by a previously convicted felon. Also affirms Beechler’s 30-year sentence. Finds Beechler’s Fourth Amendment rights weren’t violated. Also finds the district court didn’t commit reversible error in applying sentencing enhancements.

Monday opinions

Court of Appeals of Indiana

Coila Bradford v. State of Indiana
22A-MI-02112
Miscellaneous. Affirms Parke Circuit Court’s judgment denying Coila Bradford’s petition for habeas corpus. Finds that the trial court did not miscalculate the educational credit time she earned while incarcerated.

Christine Cosme and Roy Cosme v. Debora A. Warfield Clark, Dan Churilla, d/b/a Churilla Insurance, and Erie Insurance Exchange (mem. dec.)
22A-CT-01897
Civil Tort. Grants Christine and Roy Cosmes’ petition for rehearing for the limited purpose of correcting the court’s factual error regarding the date on which their son, Broyce’s, driver’s license was reinstated. Affirms initial memorandum decision by court.

Alleick-Zander Ryan Coleman v. State of Indiana (mem. dec.)
22A-CR-02132
Criminal. Affirms Alleick-Zander Coleman’s convictions and sentence for Level 2 felony pharmacy robbery resulting in bodily injury and Class A misdemeanor resisting law enforcement. Finds Coleman failed to show that his sentence is inappropriate in light of the nature of the offense and his character.

Lydia Theresa Conley v. State of Indiana (mem. dec.)
22A-CR-01748
Criminal. Affirms Lydia Theresa Conley’s murder conviction and sentence of an aggregate of 70 years. Finds Conley’s Sixth Amendment right to present a defense was not contravened and any error was harmless.

Gordon McIntosh v. State of Indiana (mem. dec.)
23A-CR-00305
Criminal. Affirms Gordon McIntosh’s sentence of four years of incarceration with one year suspended to probation for Level 6 felony strangulation and Level 6 felony methamphetamine possession. Finds McIntosh has failed to establish that the nature of his offenses and his character warrant a reduction in his sentence.

Joshua D. Williams v. State of Indiana (mem. dec.)
22A-CR-02339
Criminal. Affirms Joshua Williams’s convictions of two counts of child molestation, one as a Level 1 felony and the other as a Level 4 felony. Finds the Wells Circuit Court did not abuse its discretion by admitting K.F.’s hearsay statements at trial. Also finds the state presented sufficient evidence to support Williams’s convictions, nor do his convictions violate the prohibition against double jeopardy.

In the Matter of: N.N. and A.N. (Minor Children, Children in Need of Services) T.N. (Father) v. Indiana Department of Child Services (mem. dec.)
23A-JC-00026
Juvenile CHINS. Affirms the Tipton Circuit Court’s judgment finding the children as CHINS. Finds any error from the admission of the mother’s reports to FCM Herndon was harmless, given the remaining evidence and unchallenged findings of domestic violence.

In the Matter of the Paternity of H.D. Melissa A. Stevens v. Robert Dashiell (mem. dec.)
22A-JP-02258
Juvenile paternity. Affirms the judgment of the Boone Circuit Court to modify physical custody of the child H.D. to the father. Finds the trial court did not err by denying the mother’s request to interview the child and finds there was a substantial change in the statutory factors supporting modification of custody.

Dwayne A. Springfield v. State of Indiana (mem. dec.)
22A-PC-01724
Post-conviction appeal. Affirms the denial of Dwayne A. Springfield’s petition for post-conviction relief. Finds Springfield has not demonstrated prejudice based on the performance of his trial counsel or his appellate counsel, thus the Marion County Superior Court did not err in its denial.

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