Opinions Jan. 16, 2019

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Tuesday: 
William Rainsberger v. Charles Benner
17-2521
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge William T. Lawrence. 
Civil. Affirms the district court’s denial of Indianapolis Metropolitan Police Detective Charles Benner’s motion for summary judgment against William Rainsberger, arguing that he is entitled to qualified immunity in Benner’s civil rights case alleging wrongful arrest. Holds that Benner is not entitled to qualified immunity because it is clearly established that the Fourth Amendment is violated when an officer chooses “to use deliberately falsified allegations to demonstrate probable cause.” 

Wednesday opinions
Indiana Court of Appeals
James Ray Gipson v. State of Indiana (mem. dec.)
18A-CR-51 
Criminal. Affirms James Ray Gipson’s convictions of four counts of Class B felony child molesting, seven counts of Class A felony child molesting, four counts of Class B felony incest, one count of Class D felony child solicitation, and one count of Class B felony attempted incest. The Grant Superior Court did not abuse its discretion when sentencing him to consecutive sentences totaling 105 years in prison. 

Burshone Conner v. State of Indiana (mem. dec.)
18A-CR-1569 
Criminal. Affirms Burshone Conner’s six-year sentence in the Department of Correction for a conviction in Monroe Circuit Court of Level 5 felony dealing cocaine. The sentence was not inappropriate and Conner failed to show the trial court was biased against her. 

M.C. v. A.B. (mem. dec.)
18A-AD-1552 
Adoption. Affirms stepmother A.B.’s adoption of three minor children, finding the Morgan Superior Court correctly concluded that mother M.C.’s consent was not required.

Kyle S. Skelton v. State of Indiana (mem. dec.)
18A-CR-2036 
Criminal. Affirms the two-year sentence the Allen Superior Court imposed on Kyle S. Skelton for his convictions of two counts of Level 6 felony unlawful possession of a syringe and Class C misdemeanor possession of paraphernalia. The sentence is not inappropriate.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of T.C., Ti.C., and C.C. (Minor Children), and C.A. (Mother) v. The Indiana Department of Child Services (mem. dec.)
18A-JT-1832 
Juvenile termination of parental rights. Affirms the termination of mother C.A.’s parental rights to minor children, T.C., Ti.C. and C.C., finding the evidence presented in Marion Superior Court sufficient to support the termination. 

James E. Ross, Jr. v. State of Indiana (mem. dec.)
18A-CR-1262 
Criminal. Affirms James E. Ross, Jr.’s conviction of Level 1 felony attempted murder in Elkhart Circuit Court. The trial court did not abuse its discretion when it denied Ross’ request for mistrial, and any error in the admission of the deleted text messages from Ross’ phone was harmless because the deleted text messages were cumulative of other substantial evidence of Ross’ guilt.

Demonae Deshawn Lewis v. State of Indiana (mem. dec.)
18A-CR-1423 
Criminal. Affirms Demonae Deshawn Lewis’ convictions of Level 1 felony attempted murder and Level 4 felony unlawful possession of a firearm by a serious violent felon. Finds any identifying evidence introduced in the Madison Circuit Court was harmless at most. Reverses, sua sponte, Lewis’ Class A misdemeanor conviction of carrying a handgun without a license on double jeopardy grounds. Remands for vacation of that misdemeanor conviction and sentence.

Sirajuddin Abdul Qadir v. State of Indiana (mem. dec.)
18A-CR-2035 
Criminal. Affirms Sirajuddin Abdul Qadir’s Level 1 felony attempted murder conviction, finding he has established no error in the admission of evidence at his bench trial in Howard Superior Court.  

Sir Jackquarius Jaquan Lloyd v. State of Indiana (mem. dec.)
18A-CR-1135 
Criminal. Affirms Sir Jackquarius Jaquan Lloyd’s conviction in St. Joseph Superior Court of murder, felony murder, and Level 3 felony attempted armed robbery. The trial court did not err in instructing the jury. Remands to the trial court to amend the sentencing order regarding the attempted armed robbery conviction.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of: C.L. and N.L. (Minor Children) and T.N. (Mother) v. The Indiana Department of Child Services (mem. dec.)
18A-JT-1790 
Juvenile termination of parental rights. Affirms the Vanderburgh Superior Court’s termination of mother T.N.’s parental rights to her two minor children, finding sufficient evidence. 

Michael Poge, Jr. v. State of Indiana (mem. dec.)
18A-CR-758 
Criminal. Affirms Michael Poge, Jr.’s conviction of Class B misdemeanor public intoxication. Evidence presented to the Marion Superior Court sufficiently showed Poge endangered himself.

William Mallory v. State of Indiana (mem. dec.)
18A-CR-2001 
Criminal. Affirms the Vigo Superior Court’s denial of William Mallory’s pro se motion for relief from the denial of his post-conviction petition challenging his convictions of murder, attempted murder and carrying a handgun without a license. The trial court did not abuse its discretion. 

In the Matter of the Involuntary Termination of the Parent-Child Relationship of A.W., B.W., and D.W. (Minor Children), and D.W. (Father) v. Indiana Department of Child Services, et al. (mem. dec.)
18A-JT-1488 
Juvenile termination of parental rights. Affirms the Marion Superior Court’s termination of Father D.W.’s parental rights to his three children. The termination is supported by sufficient evidence.

James H. Higgason, Jr. v. Indiana Department of Correction (mem. dec.)
18A-SC-1785 
Small claims. Affirms the Miami Superior Court’s denial of James H. Higgason’s “Petition for Permission to File a Belated Notice of Appeal,” finding the trial court rightly ruled there was no available remedy.

In Re the Termination of the Parent-Child Relationship of: B.H. (Minor Child) and A.H. (Mother) v. The Indiana Department of Child Services (mem. dec.)
18A-JT-1870 
Juvenile termination of parental rights. Affirms the Montgomery Circuit Court’s termination of mother A.H.’s parental rights to minor child B.H. The conclusion that termination was in the child’s best interests is not clearly erroneous.