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Opinions Oct. 28, 2014

7th Circuit Court of Appeals
United States of America v. Trevor Hinds
13-3543
U.S. District Court, Southern District of Indiana, New Albany Division, Judge Tanya Walton Pratt.
Criminal. Affirms two-level sentencing enhancement for production or trafficking under U.S.S. G. 2B1.1(b)(11)(B)(i). Hinds’ crime involved the production of counterfeit access devices (credit cards) and the court did not err in applying the enhancement. Vacates the two special conditions imposed: that Hinds pay a portion of the court-ordered substance abuse treatment and drug testing and that he submit to suspicionless searches and seizures. The court did not make a finding whether Hinds could pay for the testing, and the government concedes that the search and seizure condition is unlawfully broad and invasive.

Court adopts case-by-case approach in subrogation issue

The Indiana Court of Appeals, after skirting around the issue in 2012, decided that Indiana should use the case-by-case approach to address subrogation claims of landlords’ insurers against negligent tenants.

Children should remain in home despite grandmother’s felony conviction

The Indiana Court of Appeals found I.C. 31-19-11-1(c) to be unconstitutional as applied and upheld the adoption of two boys by their maternal grandmother. The judges held that her 1997 felony conviction for neglect of a dependent should not automatically bar her from adopting the children.

Police had probable cause to arrest man at library for child porn possession

Even though a man’s possession of child pornography charge was eventually dismissed, his arrest on the matter at a Bloomington library led to other charges. The Court of Appeals Tuesday affirmed the denial of Paul Allen Decker’s motion to suppress, in which he claimed any evidence stemming from that arrest must be suppressed.

COA dismisses appeal that gave man ‘second bite at apple’

The Indiana Court of Appeals dismissed a case in which the trial court set aside a previous judgment in order to have a chance to get a new appeal. When doing so, the trial court noted, “hopefully the Court of Appeals wouldn’t frown upon” the judge who did that.

7th Circuit reverses 2 special conditions with bank fraud conviction

The government conceded that a man convicted for using fraudulently produced credit cards should not be subjected to suspicionless searches and seizures by authorities, so the 7th Circuit Court of Appeals reversed that condition of his supervised release.

Texas prosecutor: Indiana suspect’s history unknown

Texas prosecutors may not have offered a suspected serial killer such a lenient prison sentence in a 2009 sexual assault case had they known about his conviction on a similar charge in Indiana five years earlier, a district attorney's spokesman said Monday.

Opinions Oct. 27, 2014 ILD

Indiana Court of Appeals
Juaquin Diaz-Delreal v. State of Indiana (NFP)
46A03-1404-CR-130
Criminal. Affirms one-year sentence in jail following guilty plea to criminal recklessness. Reverses and remands for trial court to vacate conviction as a Class D felony and enter the judgment as a Class A misdemeanor.

Uriah Booker v. State of Indiana (NFP)
49A04-1403-CR-103
Criminal. Affirms conviction of Class C felony battery.

Roy Lee McGraw v. State of Indiana (NFP)
49A04-1312-CR-589
Criminal. Affirms conviction of Class D felony intimidation.

Pepper M. Glisson v. State of Indiana (NFP)
35A04-1403-CR-145
Criminal. Affirms convictions of Class D felonies perjury and obstruction of justice.

Mark Bender v. State of Indiana (NFP)
09A05-1403-CR-143
Criminal. Affirms 4-year sentence following guilty plea to Class C felony possession of cocaine.

Shelley L. King v. State of Indiana (NFP)
49A05-1404-CR-153
Criminal. Affirms revocation of placement in community corrections and probation.

Trevin Hornbeak v. State of Indiana (NFP)
49A04-1311-CR-569
Criminal. Affirms conviction of Class A misdemeanor possession of marijuana and reverses conviction of Class A misdemeanor possession of paraphernalia.

 

Opinions October 27, 2014

Indiana Court of Appeals
In Re the Adoption of K.W.: M.W. v. S.L. and T.L.
10A04-1309-AD-469
Adoption. Reverses decree granting S.L. and T.L.’s petition to adopt K.W. The trial court violated father’s due process rights when it failed to rule on his request for appointed counsel. Remands for the trial court to determine whether father, who is incarcerated, is indigent, and if so, to appoint counsel to represent him at a new adoption hearing.

Justices order COA to reconsider dismissed termination appeals

In light of a September ruling in which the Indiana Supreme Court held it had jurisdiction to entertain a biological father’s appeal of an adoption, the justices granted transfer and ordered the Court of Appeals to reconsider two cases.

Judge rejects sentence modification for ex-cop

A southern Indiana judge has rejected a sentence modification for a former police officer convicted of pointing a gun at his girlfriend during a confrontation in front of his two children.

Acquitted ex-Ind. trooper sues police, prosecutors

A former Indiana State Police trooper acquitted in the slayings of his wife and two children has sued prosecutors, investigators and others for false imprisonment and other counts.