Opinions June 12, 2023

The following 7th Circuit Court of Appeals opinion was posted after IL’s deadline Friday:

United State of America v. Derrick Granger, Clifford R. King Jr., and Eric Walker
21-2874, 21-3056 and 21-3382
Appeals from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge James Sweeney.
Criminal. Affirms convictions of conspiring to distribute heroin and methamphetamine, and firearms offenses, for Derrick Granger, Clifford King and Eric Walker. Finds the district court did not abuse its discretion in denying defendants’ objections to the seating of a juror. Vacates Walker’s sentence. Remands for resentencing.

Monday

Court of Appeals of Indiana

Harrison Raymond Addis v. State of Indiana
22A-CR-2645
Criminal. Affirms Harrison Raymond Addis’s aggregate nine-year sentence following his convictions of two counts of Level 4 felony sexual misconduct with a minor and one count of Level 5 felony sexual misconduct with a minor. Finds the trial court did not abuse its discretion when it failed to identify Addie’s ASD as a mitigating factor during sentencing.

In the Matter of the Marriage of, Patricia B. Freije v. Peter L. Freije (mem. dec.)
22A-DC-2817
Domestic relations with children. Affirms Marion Superior Court’s order denying Patricia Freije’s request to relocate to Iowa with the children she shares with Peter Freije. Finds the trial court did not abuse its discretion when it denied Patricia’s request and granted Peter’s objection. Also finds the trial court did not err when it did not make Peter’s parenting time contingent on him compliance with the trial court’s previous order regarding his therapy, nor did the trial court err in not disqualifying itself or disclosing its past representation of Peter’s attorney in another matter.

Raven Hathaway v. State of Indiana (mem. dec.)
22A-CR-2631
Criminal. Affirms Raven Hathaway’s conviction of Level 6 felony of stalking. Finds there was sufficient evidence to support the conviction.

Timothy Ray Ruggles v. State of Indiana (mem. dec.)
22A-CR-2016
Criminal. Affirms Timothy Ruggles conviction for possession of methamphetamine. Finds Ruggles first issue whether the jury’s verdicts were inconsistent is unappealable and the second he failed to persuade the appellate court that the evidence presented at trial was insufficient.

Erik Hernandez Berrera v. State of Indiana (mem. dec.)
23A-CR-54
Criminal. Affirms Erik Hernandez Berrera’s Level 1 felony child molesting conviction. Finds the Marion Superior Court’s error in admitting the videorecording of forensic interview was harmless.

Timothy L. Sallee Jr. v. State of Indiana (mem. dec.)
23A-CR-0001
Criminal. Affirms Timothy L. Sallee Jr.’s convictions for a Class C infraction of following too closely and a Class A misdemeanor of operating while intoxicated endangering a person. Finds the state presented sufficient evidence to support the convictions.

Joshua Whitfield v. State of Indiana (mem. dec.)
23A-CR-51
Criminal. Affirms Joshua Whitfield’s convictions for two counts of Level 1 felonies child molesting and his sentence. Finds Whitfield’s convictions do not violate the prohibition against double jeopardy and the Starke Circuit Court did not abuse its discretion in sentencing him.

Gregory A. Caudle v. Frank Vanihel, et al. (mem. dec.)
22A-MI-3115
Miscellaneous. Affirms the dismissal of Gregory Caudle’s notice of tort claim. Reverses and remands with instructions that Sullivan Circuit Court rule on Caudle’s habeas petition. Finds the trial court abused its discretion by treating Caudle’s habeas petition as a successive petition for post-conviction relief, which he hadn’t requested leave, and dismissing the petition. Also finds Caudle’s challenge to the trial court’s dismissal of his notice of tort claim is waived.