Opinions Oct. 17, 2022

The following 7th Circuit Court of Appeals opinion was posted after IL deadline on Friday:
United States of America v. Yahtzee Harris, Antonio Walton, and Charles Gould
21-1405, 21-1468, 21-1991
Appeals from the United States District Court for the Northern District of Indiana, Hammond Division. Judge Philip P. Simon.
Criminal. Affirms Yahtzee Harris’ conviction of conspiracy to distribute 280 grams or more of crack cocaine and possession of a firearm in furtherance of a drug-trafficking offense, and his 19-year sentence; Antonio Walton’s conviction of conspiring to distribute more than 280 grams of crack cocaine and his 30-year sentence; and Charles Gould’s conviction of conspiring to distribute more than 280 grams of crack cocaine and his 14-year sentence. Finds the district court did not plainly err by holding a trial for Gould and Walton during the COVID-19 pandemic. Also finds sufficient evidence to support Gould’s conspiracy conviction. Finally, finds the district court did not commit reversible error in sentencing Walton, and clarifies that Harris’ contention that his written judgment contradicts the district judge’s oral pronouncement of his sentence is a request for imposition of the actual sentence the judge intended, not a challenge to the sentence.

Monday opinions
Court of Appeals of Indiana
Z.T. v. Review Board of the Indiana Department of Workforce Development (mem. dec.)
22A-EX-1360
Agency action. Affirms the Review Board of the Indiana Department of Workforce Development’s dismissal of Z.T.’s appeal of an administrative law judge’s denial of her unemployment claim on the basis that she left employment without good cause in connection with the work. Finds Z.T. filed her appeal with the review board well beyond 15 days following notification of the ALJ’s decision, so the board had no jurisdiction to review that decision and thus properly dismissed Z.T.’s untimely appeal.

In the Termination of the Parent-Child Relationship of: Za.S., Zac.S., and Je.S. (Minor Children), and J.S. (Father) v. Indiana Department of Child Services (mem. dec.)
22A-JT-983
Juvenile termination of parental rights. Affirms the involuntary termination of father J.S.’s parental rights to three of his minor children, Za.S., Zac.S. and Je.S. Finds the evidence supports the Madison Circuit Court’ finding that J.S. failed to engage in or complete a number of ordered services, but does not supporting the finding that he tested positive for drugs on multiple occasions. Also finds the evidence clearly and convincingly supports the trial court’s conclusion that there is a reasonable probability that the conditions that resulted in the children’s removal from and continued placement outside J.S.’s home will not be remedied. Finally, finds the trial court’s determination that termination of J.S.’s parental rights was in the children’s best interests is not clearly erroneous.

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