7th Circuit Court of Appeals
The following opinions were posted after IL deadline Thursday.
Entertainment USA, Inc. v. Moorehead Communications, Inc.
Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Judge Robert L. Miller Jr.
Civil tort. Affirms the judgment of the Northern District court that Moorehead Communications, Inc. breached a referral fee agreement with Entertainment USA, Inc., and its ruling awarding no damages because Entertainment USA failed to prove them with reasonable certainty.
USA v. John Thomas
Criminal. Affirms John Thomas’ life sentence and his convictions of conspiracy to commit kidnapping and two counts of kidnapping. The district court did not plainly err in dealing with a victim’s testimony and her apparent inability to follow instructions about answering what she was asked and not raising certain subjects; by admitting the cell-site location evidence where Thomas did not move to suppress or even object to that evidence; or in its sentence guideline calculation. The court erred regarding the ages of the kidnapping victims, but the error was harmless, calling for no remedy under the plain-error doctrine.
Sarbjit Singh v. Jefferson B. Sessions III
17-1579 & 17-2852
Petitions for Review of an Order of the Board of Immigration Appeals.
Immigration. Denies the petitions for review of the Board of Immigration Appeals’ removal orders for Indiana resident Sarbjit Singh, finding his arguments meritless.
Indiana Court of Appeals
Je.M., and Jo.M. v. D.A. (mem. dec.)
Adoption. Affirms the Delaware Circuit Court order denying paternal grandparents Je.M. and Jo.M.’s petition to adopt their grandson, Z.M. The court’s determination that the consent of Z.M.’s mother was required was not erroneous.
Keith Phillips v. State of Indiana (mem. dec.)
Criminal. Affirms the Howard Superior Court’s order revoking Keith Phillips’ previously suspended sentence for violating terms and conditions of his re-entry program. The trial court did not abuse its discretion in failing to award credit time for time he was incarcerated during his participation in the program.
Brenzell Bell v. State of Indiana (mem. dec.)
Criminal. Affirms Brenzell Bell’s convictions of dealing in a narcotic drug, dealing in methamphetamine, possession of a controlled substance, possession of marijuana and possession of paraphernalia. The Marion Superior Court’s admission of statements Bell made to police during the execution of a search warrant was not an abuse of discretion.
In the Matter of the Paternity of J.G.L.: Kenya Roberson v. Quentin Lenig (mem. dec.)
Juvenile paternity. Vacates the Starke Circuit Court’s denial of mother Kenya Roberson’s verified motion to transfer jurisdiction to California, under the Uniform Child Custody and Jurisdiction Act (“UCCJA”), and a verified motion for UCCJA contact between the trial court and the Superior Court of San Diego County, California, where Mother now resides. The trial court erred in denying the motions by failing to consider relevant factors pursuant to Indiana Code section 31-21-5-8(b). Remands with instructions for the trial court to consider the relevant factors before determining whether California is a more convenient forum.
Charles Johnson v. State of Indiana (mem. dec.)
Criminal. Affirms Charles Johnson’s conviction of Level 4 felony unlawful possession of a
firearm by a serious violent felon. The state presented sufficient evidence to prove he constructively possessed a firearm.
In the Matter of the Involuntary Termination of the Parent-Child Relationship of J.D., M.D., and J.H.D. (Minor Children), and E.D. (Mother) v. The Indiana Department of Child Services (mem. dec.)
Juvenile termination of parental rights. Affirms the Bartholomew Circuit Court’s termination of mother E.D.’s parental rights to her minor children, J.D., M.D. and J.H.D. The trial court did not err in concluding there is a reasonable probability that the conditions that resulted in the children’s removal and continued placement outside the home will not be remedied.