Opinions Oct. 23. 2019

The following 7th Circuit Court of Appeals opinions were issued after IL deadline Tuesday.
USA v. Anthony Shockey
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Robert L. Miller, Jr.
Criminal. Affirms an order revoking Anthony Shockey’s supervised release and imposing a 15-month prison sentence after he tested positive for methamphetamine. Finds the court could reasonably infer possession from use.

Tyquan Stewart v. Parkview Hospital, et al.
Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Chief Judge Theresa L. Springmann.
Civil. Affirms summary judgment for Parkview Hospital on Tyquan Stewart’s claim that his Fourth Amendment rights were violated when hospital staff ordered a blood draw proving intoxication that was provided to police after he was injured in a crash while driving under the influence.

Wednesday’s opinions
Indiana Court of Appeals
Indiana Bureau of Motor Vehicles v. Thomas Douglass
Miscellaneous. Reverses the Marion Circuit Court order granting Thomas Douglass’ petition for judicial review and vacating his 10-year suspension of driving privileges and his habitual traffic violator determination. Finds that the trial court erred in ruling that the Indiana Bureau of Motor Vehicles lacked authority to suspend the driving privileges of a motorist who no longer lives in Indiana.

Kyle Scott Dilley v. State of Indiana
Criminal. Reverses enhanced convictions of Level 2 felony dealing in methamphetamine, two Level 5 felony counts of possession of a narcotic drug and Level 5 felony dealing in marijuana, finding that the LaPorte Superior Court erred under the speedy-trial rule when it granted the state’s motion for a continuance under Indiana Trial Rule 40(D), based on the unavailability of laboratory testing results.

Madison Consolidated Schools v. Trisha Thurston
Civil tort. Affirms on interlocutory appeal the Floyd Circuit Court’s denial of Madison Consolidated Schools’ motion for summary judgment, finding genuine issues of material fact as to whether Madison should be estopped from asserting Trisha Thurston’s noncompliance with the notice requirements of the Indiana Tort Claims Act.

Brandin C. Wilson v. State of Indiana (mem. dec.)
Criminal. Affirms in part, reverses in part Brandin Wilson’s conviction of two counts of Level 1 felony child molesting and one count of Level 4 felony child molesting. Affirms the 80-year aggregate sentence imposed in Clark Circuit Court, but remands to enter a sentence on the Level 4 felony count that does not exceed the statutory maximum.

In re the Marriage of: Chad M. Heimann v. Crystal R. Heimann (mem. dec.)
Domestic relation with children. Reverses an order of the Adams Circuit Court restricting father’s parenting time to two supervised hours per week. The decision was an abuse of discretion because the finding that father would be a physical and emotional threat to the children was not supported by the evidence. Remands.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of: H.M. (Minor Child) and B.L. (Mother) v. The Indiana Department of Child Services (mem. dec.)
Juvenile termination. Affirms the termination of Mother B.L.’s parental rights to child H.M., finding the evidence in Tippecanoe Superior Court was sufficient to support the determination that termination was in the child’s best interest.

Delshawn Marshall v. State of Indiana (mem. dec.)
Criminal. Affirms Delshawn Marshall’s conviction of Level 3 felony armed robbery, finding the evidence in St. Joseph Superior Court was sufficient.

In Termination of the Parent-Child Relationship of: K.I.N.G., (Minor Child), And V.G. (Father) v. Indiana Department of Child Services (mem. dec.)
Juvenile termination. Affirms the termination of father V.G.’s parental rights to child K.I.N.G., finding the St. Joseph Probate Court ruling was in the child’s best interests.

Thomas N. Ritchie v. State of Indiana (mem. dec.)
Criminal. Affirms Thomas Ritchie’s Level 4 burglary conviction under accomplice liability theory. The Gibson Circuit Court did not abuse its discretion by limiting cross-examination of a witness; the evidence was sufficient; any errors regarding admission of witness testimony was harmless; there was no prosecutorial misconduct; and the cumulative effect of alleged error or abuses of discretion did not deprive Ritchie of a fair trial.

Dustten Hitch v. State of Indiana (mem. dec.)
Criminal. Affirms the Bartholomew Circuit Court order denying Dustten Hitch good time credit. Hitch failed to prove that the trial court erred in not giving him credit time for the days on day reporting with electronic monitoring.

Timothy Jackson v. State of Indiana (mem. dec.)
Criminal. Affirms Timothy Jackson’s conviction in Marion Superior Court of Class A misdemeanor carrying a handgun without a license. Finds that delays not attributable to Jackson did not exceed 365 days, and his speedy trial right was therefore not violated.

Nikita L. Minor v. State of Indiana and Fishers Police Department (mem. dec.)
Miscellaneous. Affirms the Hamilton Superior Court decree of forfeiture against Nikita Minor in the amount of $895, finding the court did not abuse its discretion in admitting testimony about a search warrant during the forfeiture proceedings and the evidence to support the forfeiture was sufficient.

Holly Diethrich v. Kyle Diethrich (mem. dec.)
Domestic relation with children. Affirms the Vigo Superior Court order on dissolution of marriage, finding that its grant of parenting time to father in excess of that provided in the Indiana Parenting Time Guidelines was not clearly erroneous, and the unequal division of the marital estate was not an abuse of discretion.

Richardo A. Nevarez v. Maria Verduzco (mem. dec.)
Domestic relation. Affirms the St. Joseph Superior Court’s awards and division of property in a dissolution of marriage. Finds the trial court did not abuse its discretion by including certain property as a martial asset, deviating from the presumption of equal division of assets, or ordering husband to pay wife’s attorney fees.

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