Opinions Sept. 21, 2020

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Friday:
Christopher Andre Vialva v. T. J. Watson, Warden, United States Penitentiary, Terre Haute
Appeal from the United States District Court for the Southern District of Indiana, Terre Haute Division. Chief Judge Jane Magnus-Stinson.
Civil. Affirms the denial of petition for writ of habeas corpus sought by Christopher Andre Vialva, thereby denying his request for a stay of execution. Finds Vialva has not established even a better-than-negligible chance of prevailing in his quest for another round of collateral review.

Monday opinions
Indiana Court of Appeals
Johnny Wood v. State of Indiana (mem. dec.)
Criminal. Affirms Johnny Wood’s seven-year aggregate sentence for his convictions in Jefferson Circuit Court of Level 5 felony dealing methamphetamine and Level 6 felony counts of neglect of a dependent and maintaining a common nuisance. Finds the trial court did not commit reversible error in sentencing him and his sentence is not inappropriate.

Olegario Penaloza Diaz v. State of Indiana (mem. dec.)
Criminal. Affirms Olegario Diaz’s conviction of Level 2 felony dealing cocaine and Level 4 felony possession of cocaine, finding that the Marion Superior Court did not abuse its discretion in admitting evidence of the cocaine and that the evidence was sufficient to support the conviction.

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