Opinions August 30, 2024

The following opinions was published after IL’s deadline Thursday:
7^th Circuit Court of Appeals
United States of America v. Travis Montgomery
23-1976
Criminal. Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Tanya Walton Pratt. Vacates the two-level sentencing enhancement for “maintain[ing] a premises for the purpose of manufacturing or distributing a controlled substance” that was added to Travis Montgomery’s sentence for distribution of 50 or more grams of methamphetamine.  Finds Montgomery’s present record falls short of establishing that a primary use of the storage unit was drug distribution. Remands for further proceedings.

Friday opinions
Indiana Supreme Court
In the Matter of Robert T. Miller
24S-DI-236
Attorney discipline. Orders Robert Miller to be suspended for 120 days from the practice of law in Indiana, beginning Oct. 11, with automatic reinstatement. Finds Miller, as a staff attorney with the Indiana Department of Child Services, engaged in attorney misconduct by signing family case managers’ names to child in need of services petitions without their knowledge or consent. Also finds Miller’s misconduct had the potential for significant injury due to the fundamental interests at stake in CHINS proceedings. 

Indiana Court of Appeals
In the Matter of the Civil Commitment of: H.J. v. Health & Hospital Corporation d/b/a Sandra Eskenazi Mental Health Center
24A-MH-478
Mental health. Affirms the Marion Superior Court’s judgment involuntarily committing H.J. for mental health treatment. Finds the trial court did not abuse its discretion in ordering him to take all medications as prescribed once he achieved outpatient status. Also finds that given the overwhelming evidence supporting H.J.’s temporary involuntary commitment, the court concluded that even if H.J. had presented closing argument, it would not have changed the result and no fundamental error occurred.

Andy D. Boner v. State of Indiana
24A-CR-91
Criminal. Affirms Andy Boner’s convictions in Johnson Circuit Court for dealing in methamphetamine, one as a Level 3 felony and the other as a Level 4 felony. Finds the trial court did not err by admitting evidence regarding the methamphetamine obtained from the first controlled buy, and sufficient evidence supports Boner’s convictions. Also finds Boner’s six-year sentence is not inappropriate. Remands with instructions to vacate Boner’s Level 4 felony conviction, finding it constitutes double jeopardy.

Ivan Gerardo Casco-Canales v. State of Indiana
24A-CR-760
Criminal. Affirms the Elkhart Superior Court’s aggregate 13-year sentence for Ivan Casco-Canales for his Level 3 felony rape conviction. Finds Casco-Canales has not persuaded the court that the nature of the offense merits a finding that the sentence was inappropriate.