Opinions May 8, 2020

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7th Circuit Court of Appeals
USA v. Shon L. Gibson
Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Chief Judge Theresa Springmann.
Criminal. Affirms the indictment against Shon Gibson for charges of possessing with intent to distribute methamphetamine and being a felon in possession of a firearm. Finds the evidence seized from his home pursuant to a search warrant was not obtained as a result of Fourth Amendment violations.

Indiana Court of Appeals
Robert Carmichael v. Separators, Inc.
Civil plenary. Affirms the Johnson Superior Court’s entry of default judgment and award of exemplary and compensatory damages against Robert Carmichael and his co-defendants, Olice Monday and Centrifuge Supplies, Inc. in favor of Separators, Inc. Finds that the trial court’s findings and conclusions supporting the entry of a default judgment against Carmichael as a sanction were not clearly erroneous and that Carmichael’s summary judgment arguments are not properly before the court. Also finds the award of $8,680,447 in compensatory damages and $3 million in exemplary damages is support by evidence and not clearly erroneous.

Kenny Green v. State of Indiana (mem. dec.)
Post conviction. Affirms Kenny Green’s aggregate 40-year sentence for conviction in Marion Superior Court of Class A felony rape and Class D felony auto theft. Finds Green has not established that he received ineffective assistance of counsel at trial and affirms the denial of his petition for post conviction relief from the rape conviction.

Brian Demarko Walton v. State of Indiana (mem. dec.)
Criminal. Affirms Brian Walton’s conviction for Level 2 felony conspiracy to deal in a narcotic drug. Concludes that the State proved beyond a reasonable doubt in St. Joseph Superior Court that Walton agreed with his co-conspirators to deal in narcotics and that he performed an overt act in furtherance of that agreement.

Steven Hyche v. State of Indiana (mem. dec.)
Criminal. Affirms Steven Hyche’s convictions of Level 2 felony dealing in cocaine, Level 4 felony dealing in a narcotic drug, Level 4 felony possession of cocaine, Level 5 felony possession of a narcotic drug, Level 6 felony possession of a controlled substance and Class B misdemeanor possession of marijuana. Finds Hyche’s statements were voluntary and, therefore, the Marion Superior Court did not abuse its discretion when it admitted those statements into evidence.

Charles E. Johnson, Jr. v. State of Indiana (mem. dec.)
Criminal. Affirms Charles Johnson Jr.’s 26-month sentence for conviction of Level 6 felony residential entry. Finds sufficient evidence supports his conviction in Vanderburgh Circuit Court and that his sentence is not inappropriate.

Everett Powell v. Indiana Real Estate Commission (mem. dec.)
Miscellaneous. Affirms the denial of former attorney Everett Powell’s motion for a preliminary injunction of the suspension of his real estate license pending a judicial review process. Finds that the Marion Superior Court did not err by denying Powell’s request for a preliminary injunction.

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