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As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe Now7th Circuit Court of Appeals
United States of America v. Robert D. Taylor
18-1545
Appeal from the United States District Court for the Southern District of Indiana, New Albany Division. Judge Tanya Walton Pratt.
Criminal. Affirms Robert Taylor’s sentence of 135 months in prison for his conviction of one count of possession of child pornography. Finds the government did not breach Taylor’s plea agreement and fulfilled its obligation to advocate for a within-guidelines sentence. Also finds Taylor’s stipulations in the agreement waived his right to appeal two sentencing enhancements. Finally, finds the district court did not err in sentencing Taylor.
Indiana Court of Appeals
Thomas Raymond Smith v. State of Indiana (mem. dec.)
18A-CR-1121
Criminal. Affirms the denial of Thomas Raymond Smith’s motion to dismiss the felony murder charge against him on double jeopardy grounds, and affirms Smith’s conviction of felony murder. Finds there was no evidence the prosecutor intentionally provoked a motion for a mistrial. Also finds the state presented sufficient evidence that Smith murdered David Krawczenia on Nov. 1, 2014.
In the Matter of the Involuntary Termination of the Parent-Child Relationship of T.M. (Minor Child) and T.S. (Mother) and W.M. (Father) v. The Indiana Department of Child Services (mem. dec.)
18A-JT-694
Juvenile termination of parental rights. Affirms the termination of T.S. and W.M.’s parental rights to T.M. Finds T.S. and W.M. have waived their right to challenge the timeliness of the TPR hearing by acquiescing to a hearing date beyond the 180-day deadline contemplated by Indiana Code section 31-35-2-6. Also finds the Marion Superior Court’s conclusion that continuation of the father-child relationship would pose a threat to the child was supported by the evidence.
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