Opinions Nov. 25, 2019

Keywords Opinions

7th Circuit Court of Appeals
United States of America v. Dexter Fisher
18-2765
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Jane Magnus-Stinson.
Criminal. Affirms Dexter Fisher’s convictions for brandishing a firearm, the forfeiture of his firearm and his 57-year sentence. Finds no reasonable juror could have failed to find a sufficient nexus between the pistol and Fisher’s conviction for possessing a firearm as a felon, so the district court’s failure to inquire whether he would like to waive his right to a jury trial on the issue of forfeiture did not affect his substantial rights. Also finds Fisher did not object to a supervised release condition prohibiting him from purchasing, possessing, distributing, administering or using psychoactive substances, but his written and oral sentences impose terms of supervised release inconsistently, on different counts. Finally, finds Fisher’s convictions of brandishing a firearm qualify as crimes of violence. Remands with specific instructions for the district court to enter a corrected judgment that mirrors the oral sentence regarding the counts to which a term of supervised release attaches.

Indiana Court of Appeals
Innovative Therapy Solutions Incorporated, D/B/A Innovative Pharmacy Solutions v. Greenhill Manor Management, LLC, et al.
19A-CC-1717
Civil collection. Reverses the Hamilton Superior Court’s grant of Greenhill Manor Management LLC, Hanover Nursing Management LLC and Wintersong Village Management LLC’s motion to set aside default judgment granted to Innovative Therapy Solutions Incorporated, d/b/a Innovative Pharmacy Solutions. Finds the trial court erred in setting aside the default judgment. Remands for proceedings consistent with the opinion.

Joshua E. Williams v. State of Indiana (mem. dec.)
19A-CR-780
Criminal. Affirms Joshua Williams’ conviction for Level 4 felony burglary. Finds there is sufficient evidence to support the conviction.

In the Matter of the Paternity of A.D.: A.C.D. v. P.D. (mem. dec.)
19A-JP-1421
Juvenile paternity. Reverses the award of primary physical custody of child A.D. to his father, P.D., finding the judgment is clearly erroneous, and the award of attorney fees to P.D. Finds that while the child’s mother, A.C.D., committed isolated instances of maternal misconduct, those instances do not adequately support the Gibson Circuit Court’s decision to change primary physical custody of the child to his father. Also finds the trial court misapplied the law when it determined A.C.D.’s unspecified conduct necessitated P.D.’s filing of the custody modification petition, for which it awarded him $7,000 in attorney fees.

Robert Holland, The Law Firm of Robert M. Holland III, and Holland Real Estate, LLC v. Lake County Sheriff’s Department, et al. (mem. dec.)
19A-PL-117
Civil plenary. Affirms the Porter Superior Court’s denial of attorney Robert Holland, The Law Firm of Robert M. Holland III and Holland Real Estate LLC’s motion to set aside the court’s order dismissing with prejudice his complaint against the Lake County Sheriff’s Department, Lake County Sheriff Dominguez, Lake County Sheriff Buncich, Sheriff’s Deputy Lt. Hogan, Sheriff’s Deputy Cpl. Evon Foster, Sheriff’s Deputy John Doe, Sheriff’s Deputy Sgt. Montgomery, Sheriff’s Deputy Sgt. Dorsey, Sheriff’s Deputy McMillan, Lake County auditor Peggy Katona, Lake County treasurer John Patelas, Lake County assessor Hank Adams, Gary Calumet Township assessor Jackie Collins, the Lake County Board of Commissioners and the Lake County Municipal Government. Finds Holland failed to show that the trial court abused its discretion by denying his motion.

Jason A. Smith v. State of Indiana (mem. dec.)
19A-CR-630
Criminal. Affirms the revocation of Jason Smith’s probation. Finds the Howard Superior Court did not abuse its discretion by conducting hearings on the petition and ultimately revoking Smith’s probation. Also finds the instant filing amounted to an actionable petition to revoke.

Suton A. Sykes v. State of Indiana (mem. dec.)
19A-CR-1073
Criminal. Affirms Suton A. Syke’s conviction of Level 4 felony possession of cocaine. Finds there is sufficient evidence to support the conviction.

Martell Williams v. State of Indiana (mem. dec.)
19A-CR-115
Criminal. Affirms Martell Williams’ convictions of three counts of felony murder and one count of Level 5 felony robbery, and his aggregate 145-year sentence. Finds Williams is not entitled to discharge under Indiana Criminal Rule 4. Also finds there is sufficient evidence to support his convictions, and the Marion Superior Court did not abuse its discretion in evidentiary rulings nor become an advocate for the state. Finally, finds Williams’ aggregate sentence is not inappropriate, he is not entitled to vacation of the robbery conviction under the continuous crime doctrine, and he is entitled to a transcript at public expense.

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