Opinions June 23, 2020

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Monday.
Tyrus McNair v. USA
18-2541
Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Judge William Lee.
Civil. Affirms the Northern District Court’s denial of Tyrus McNair’s request for resentencing. Finds that McNair did not act diligently in making his request for relief.

Tuesday’s opinions
Indiana Supreme Court
Katelin Eunjoo Seo v. State of Indiana
18S-CR-595
Criminal. Reverses the Hamilton Superior Court’s contempt order against Katelin Seo for refusing to unlock her smartphone in a criminal investigation. Finds that forcing Seo to unlock her iPhone would violate her Fifth Amendment right against self-incrimination. Remands. Justice Mark Massa dissents with separate opinion in which Justice Geoffrey Slaughter joins in part. Slaughter dissents in part with separate opinion.

Indiana Court of Appeals
Timothy W.C. Thompson v. State of Indiana (mem. dec.)
19A-CR-2933
Criminal. Affirms Timothy Thompson’s convictions of Level 2 felony dealing in methamphetamine, Level 6 felony counts of unlawful possession of a syringe and maintaining a common nuisance, and Class B misdemeanor possession of marijuana. Find sufficient evidence to support the convictions. Also finds the search of Thompson’s residence after he was in custody was reasonable and that the trial court did not err by admitting the evidence.

In Re the Adoption of T.G., Eric Kelly v. Jesse Glover (mem. dec.)
19A-AD-2839
Adoption. Affirms the denial of Eric Kelly’s petition for adoption of his stepchild. Finds that Kelly did not meet his burden to overcome the presumption that the Clinton Superior Court’s decision is correct or that the evidence leads to but one conclusion and the trial court reached the opposite conclusion.

Robert Peacher v. Robert Carter, Jr., et al. (mem. dec.)
19A-PL-2242
Civil plenary. Affirms the dismissal of Robert Peacher’s complaint that challenged the constitutionality of various Indiana Department of Correction policies concerning inmate mail. Finds no showing that defendants interfered with Peacher’s right of access to the courts, and Peacher’s complaint fails to state an access-to-courts claim upon which relief can be granted. Finds the Madison Circuit Court properly granted the defendants’ motion to dismiss Peacher’s complaint.

Jacob I. Stidham v. State of Indiana (mem. dec.)
19A-PC-2702
Post conviction. Affirms the denial of Jacob Stidham’s petition for post-conviction relief in Tippecanoe Circuit Court. Finds that Stidham has not established that the postconviction court erred in denying him relief based on his claims of ineffective assistance of counsel.

Elbert Briggs v. State of Indiana (mem. dec.)
19A-CR-1884
Criminal. Affirms Elbert Briggs’ murder conviction in St. Joseph Superior Court. Finds the trial court did not abuse its discretion by admitting a photograph of Briggs with a gun. Also finds the trial court had discretion to decide whether to admit a detective’s testimony and Briggs has not convinced the appellate court that the trial court abused that discretion.

Jerrin Alan Staker v. State of Indiana (mem. dec.)
19A-CR-1159
Criminal. Affirms Jerrin Staker’s conviction of Level 6 felony escape and his guilty plea of being a habitual offender. Finds sufficient evidence to prove that Staker knowingly or intentionally violated a home detention order and to support his escape conviction in Clinton Circuit Court.

Charles F. Carmen v. State of Indiana (mem. dec.)
20A-CR-166
Criminal. Affirms Charles Carmen’s conviction of Level 6 felony domestic battery resulting in moderate bodily injury. Finds the Delaware Circuit Court did not abuse its discretion in limiting cross-examination.

In the Termination of the Parent-Child Relationship of: M.F., P.F., L.F., & D.F. (Minor Children) and J.F. (Father) v. The Indiana Department of Child Services (mem. dec.)
20A-JT-293
Juvenile termination. Affirms the involuntary termination in Delaware Circuit Court of J.F.’s parental rights to four of his children. Find sufficient evidence to support the termination.

Markeon L. Devine v. State of Indiana (mem. dec.)
20A-CR-234
Criminal. Affirms Markeon Devine’s 14-year incarceration with five years suspended to probation for conviction in Tippecanoe Superior Court of Level 3 felony robbery and Level 6 felony counts of resisting law enforcement and auto theft. Finds Devine has failed to establish that his sentence is inappropriate.

Tyrell D. Morris v. State of Indiana (mem. dec.)
19A-CR-3072
Criminal. Affirms Tyrell Morris’ conviction in Allen Superior Court of Level 5 felony domestic battery. Finds sufficient evidence to support the conviction.

Joshua Albritton v. State of Indiana (mem. dec.)
19A-CR-2928
Criminal. Affirms the Jefferson Superior Court’s denial of Joshua Albritton’s motion to suppress. Finds no violation of Article 1, Section 11 of the Indiana Constitution.

Shaun Walton v. State of Indiana (mem. dec.)
19A-CR-2664
Criminal. Affirms Shaun Walton’s conviction in LaPorte Superior Court of Level 6 felony battery. Finds the trial court did not err by denying Walton’s motion for a mistrial.