Opinions Sept. 30, 2021

Keywords Opinions

7th Circuit Court of Appeals
United States of America v. Gilberto Vizcarra-Millan, et al.
19-3476, 19-3481, 19-3484, 19-3537, 20-1113 and 20-1266

Appeals from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Jane Magnus-Stinson.

Criminal. Affirms in a consolidated appeal the convictions of Richard Grundy III, Gilberto Vizcarra-Millan, Undrae Moseby, Derek Atwater and Ezell Neville for a drug trafficking conspiracy. Also affirms the conviction of James Beasley on one count but reverses his convictions on two others. Finds the evidence at trial necessarily left a reasonable doubt as to whether Beasley committed the two crimes in question and therefore his case is remanded to the district court for resentencing on the one remaining count.

Indiana Court of Appeals
Becky Cutter v. Linda Rothrock Jurus
21A-PL-200
Civil plenary. Affirms the denial of Becky Cutter’s motion for summary judgment and the grant of summary judgment to Linda Rothrock Jurus after the Elkhart Superior Court reformed two property deeds for a 10-acre parcel of land to include a life estate that had been granted to Jurus under prior contracts involving that property. Finds Cutter is not entitled to judgment as a matter of law, and the trial court did not err in denying her motion. Also finds there is no dispute of material fact as to mutual mistake, and in the absence of a dispute of material fact, the trial court did not err in granting Jurus’ request for reformation to recognize her life estate.

Kelsie L. West v. State of Indiana
21A-CR-404
Criminal. Affirms the denial of Kelsie L. West’s motion to dismiss a charge of Class A misdemeanor computer trespass. Finds the Monroe Circuit Court did not abuse its discretion.

Daniel Paul Grady Snyder v. State of Indiana
21A-CR-854
Criminal. Affirms Daniel Snyder’s sentences for convictions of dealing in methamphetamine, possession of a legend drug and two misdemeanors, but reverses and remands with instructions to vacate his conviction for possession of meth. Finds the Cass Circuit Court did not abuse its discretion in its consideration of mitigators. Also finds the trial court made a clerical error by neglecting to vacate Snyder’s conviction for possession of meth even though all parties agreed this conviction violated double jeopardy.

Silvia Bravo and Rancho Bravo, Inc. v. Juan Murillo Bravo (mem. dec.)
20A-PL-2057
Civil plenary. Affirms the judicial dissolution of a Crawfordsville restaurant co-owned by Juan Murillo Bravo and Silvia Bravo and the award of $463,484.85 in damages to Bravo. Finds that, after the case pended for seven years, Bravo’s trial in absentia by a new judge was proper. Also finds the Montgomery Superior Court did not err in admitting an accountant’s testimony or in refusing to set aside the judgment.

Timberland Home Center INC., d/b/a Timberland Lumber Company v. Martinsville Real Property, LLC (mem. dec.)
21A-CT-616
Civil tort. Reverses the grant of partial summary judgment in favor of Martinsville Real Property LLC in a dispute with Timberland Home Center Inc., d/b/a Timberland Lumber Company. Finds Timberland did not judicially admit that the mechanic’s lien it filed against real property owned by Martinsville was untimely, but there exists a genuine issue of material fact regarding the lien’s actual timeliness. Remands for further proceedings.

Jason Paul Duety v. State of Indiana (mem. dec.)
21A-CR-1015
Criminal. Affirms the revocation of Jason Paul Duety’s probation. Finds the Hancock Superior Court did not err in failing to apply credit time when sentencing Duety upon the revocation of his probation.

Jonathan Anthony Vasquez Jr. v. State of Indiana (mem. dec.)
21A-CR-965
Criminal. Affirms Jonathan Anthony Vasquez Jr.’s four-year sentence for Level 5 felony robbery. Finds Vasquez failed to prove that his sentence was an outlier needing revision.

Johnnie Tyrone Prude v. State of Indiana (mem. dec.)
21A-CR-745
Criminal. Affirms Johnnie Prude’s conviction for Class A misdemeanor battery. Finds the evidence was sufficient.

Jeremy M. Walker v. Renisha R. Walker (mem. dec.)
21A-DR-602
Domestic relations. Affirms the order finding husband Jeremy M. Walker in contempt and ordering him to pay arrearage on his monthly obligation to pay his ex-wife, Renisha R. Walker, a share of his military retirement income, as well as a credit toward a future payment and attorney fees. Finds the Clark Circuit Court had authority to hold Jeremy in contempt.

William Foreman v. State of Indiana (mem. dec.)
21A-CR-769
Criminal. Affirms William Foreman’s conviction of Class A misdemeanor theft and his sentence to 180 days, with 170 days suspended to unsupervised probation. Finds the state presented evidence of a probative nature from which a reasonable trier of fact could find that Foreman exerted unauthorized control over Pamela Hickman’s debit card with intent to deprive her of its value or use and committed theft as a Class A misdemeanor. Also finds Foreman has not met his burden of establishing that his sentence is inappropriate in light of the nature of the offense and his character.

Robert M. Hofferth v. Michelle M. Hofferth (mem. dec.)
21A-DR-808
Domestic relations. Affirms the order granting mother Michelle Hofferth’s petition for contempt and motion for college expenses for R.H., her son with Robert Hofferth. Finds the dissolution court did not abuse its discretion when it found Robert in contempt for nonpayment of children’s orthodontic expenses. Also finds the order for $3,6445 per year in college expenses is not clearly erroneous.

Jimmy Earl Hendricks v. State of Indiana (mem. dec.)
20A-CR-2202
Criminal. Affirms Jimmy Hendricks’ convictions of dealing in methamphetamine, carrying a handgun without a license, unlawful possession of a syringe and resisting law enforcement, his admission to being a habitual offender and his 24-year sentence, with two years suspended to probation. Finds Officer Jared Scudder’s stop, search and seizure was not unlawful. Also finds Hendricks’ sentence is not inappropriate.

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