Opinions Aug. 16, 2018

7th Circuit Court of Appeals
USA v. Tyrone Miller
17-3514
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Robert L. Miller, Jr.
Criminal. Affirms Tyrone Miller’s conviction for possessing a firearm as a felon but remands for resentencing. Finds the district court judge miscalculated the number of Miller’s prior felonies, subsequently imposing an inaccurate sentence.

The following 7th Circuit Court opinions were posted after IL deadline on Wednesday.
Sean Walker v. Nancy Berryhill
17-3391
Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Chief Judge Theresa L. Springmann.
Civil. Vacates the administrative law judge’s ruling that the onset of Sean Walker’s disability after a stroke in 2008 was December 2014. The ALJ’s conclusion sweeps too broadly by not accounting for medical and other evidence strongly suggesting that Walker’s condition and residual functional capacity had worsened to such a degree that he become disabled by approximately the middle of 2012. Remands for the ALJ to revisit the date of Walker’s disability.

USA v. Matthew Elder
17-2207
Appeal from the United States District Court for the Southern District of Indiana, Evansville Division. Judge Richard L. Young.
Criminal. Remands for resentencing. Finds Matthew Elder’s previous 1999 Arizona conviction is not a felony drug offense as defined by § 802(44). Permits a limited remand of Elder’s sentence in accordance with the procedure set forth in United States v. Paladino, 401 F.3d 471, 483–84 (7th Cir. 2005).

Leta Penrod v. Nancy Berryhill
17‐2973
Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Judge William C. Lee.
Civil. Affirms the district court’s denial of disability benefits to Leta Penrod on behalf of Tod Penrod, her deceased husband. Finds there is sufficient evidence to support the decision.

Indiana Court of Appeals
Thursday’s opinions
In the Matter of the Involuntary Termination of the Parent-Child Relationship of J.I., Jr., Minor Child, J.I., Father v. The Indiana Department of Child Services (mem. dec.)
18A-JT-339
Juvenile termination. Affirms the involuntary termination of J.I.’s parental rights with respect to his child, J.I., Jr. Finds the Madison Circuit Court did not err in terminating the parental rights of J.I.

Thomas Lee Campbell v. State of Indiana (mem. dec.)
18A-CR-598
Criminal. Affirms Thomas Campbell’s conviction of Level 5 felony domestic battery by means of a deadly weapon. Finds a merger of Campbell’s other charges with his battery conviction is adequate to cure any potential double jeopardy concerns. Finds there was sufficient evidence to support the conviction. Finds Campbell’s sentence is not inappropriate in light of the nature of the offense and his character.

Timothy Allen v. State of Indiana (mem. dec.)
18A-CR-367
Criminal. Affirms the Franklin Circuit Court’s revocation of Timothy Allen’s probation. Finds the trial court did not abuse its discretion when it denied Allen’s counsel’s motion to withdraw. Finds the trial court did not commit fundamental error when it admitted certain evidence.

Dustin Bass v. State of Indiana (mem. dec.)
18A-CR-32
Criminal. Affirms the Madison Circuit Court’s revocation of Dustin Bass’s probation and order to serve the remainder of his suspended sentence. Finds the trial court did not abuse its discretion. Finds there is sufficient evidence to support the conviction.

Myles Kendall McMahan v. State of Indiana (mem. dec.)
17A-CR-3028
Criminal. Affirms Myles McMahan’s conviction of level 5 felony burglary, Level 6 felony resisting law enforcement, and Class A misdemeanor criminal mischief. Finds the State presented sufficient evidence beyond a reasonable doubt to support McMahan’s burglary conviction. Finds the trial court did not commit fundamental error by admitting evidence of McMahan’s prior burglary conviction. Finds the trial court did not err by instructing the jury, and McMahan’s sentence is not inappropriate in light of the nature of the nature of the offenses and his character.

Dion Jones v. State of Indiana (mem. dec.)
18A-CR-542
Criminal. Affirms the Howard Superior Court’s decision to award Dion Jones credit for the three months he spent in prison from the date of his termination from the re-entry program, but not for the earlier period Jones spent in prison awaiting the court’s decision to terminate him from the reentry program. Finds Jones waived any rights to have credit for time spent in prison waiting for termination. Finds the trial court did not abuse its discretion.

Isaac Hicks v. State of Indiana (mem. dec.)
18A-CR-87
Criminal. Affirms Isaac Hicks’ conviction of Level 1 felony neglect of a dependent resulting in death. Finds there was sufficient evidence to support the conviction.

Kristopher G. Richter v. Kaylie E. Sexton (mem. dec.)
71A03-1710-JP-2394
Juvenile paternity. Affirms St. Joseph Probate Court’s order confirming paternity to Kristopher G. Richter. Finds the trial court did not abuse its discretion in ordering Richter to pay attorney fees. Finds the court did not err in ordering him to undergo a psychological examination, its determination of his child support obligation, its denial of his motion to change judge and grant of primary physical and legal custody to the mother, Kaylie Sexton. Concludes the court did not abuse its discretion in denying his motion for continuance.