Opinions Feb. 11, 2019

The following 7th Circuit Court opinion was posted after IL deadline Friday.
Ronnie L. Winsted, Jr. v. Nancy A. Berryhill
18‐2228
Appeal from the United States District Court for the Southern District of Indiana, Terre Haute Division. Magistrate Judge Mark J. Dinsmore.
Civil. Remands the denial of Ronnie Winsted’s application for disability insurance benefits and supplemental security income. Finds the administrative law judge did not consider Winsted’s difficulties with concentration, persistence, and pace. Finds the ALJ did not adequately explain how the limitations he placed on Winsted’s residual functional capacity accounted for his concentration-functioning difficulties. Remands to the Social Security Administration.
 

The following Indiana Tax Court opinion was posted after IL deadline Friday.
Clark County Assessor v. Meijer Stores LP
18T-TA-3
Tax. Affirms the Indiana Board of Tax Review’s determination that lowered the assessed value of the Jeffersonville Meijer store from 2008 to 2016. Finds the Clark County Assessor has not demonstrated that the final determination is contrary to law, unsupported by substantial evidence, or constitutes an abuse of discretion.

Monday's opinions
Indiana Court of Appeals
Teresa L. Holder v. State of Indiana
18A-CR-968
Criminal. Reverses the $100 public defender fee imposed on Teresa L. Holder and remands to the Marion Superior Court for an indigency hearing to determine her ability to pay the $50 maximum fee that may be imposed on a defendant charged with no more than a misdemeanor.

Crystal G. Smith v. State of Indiana
18A-CR-1635
Criminal. Affirms Crystal Gayle Smith’s conviction for Level 6 felony theft. Finds there is sufficient evidence to support the elevation of her conviction to a Level 6 felony because of her prior, unrelated conviction for theft.

Michael R. Heckard v. State of Indiana
18A-CR-1376
Criminal. Affirms Michael R. Heckard’s 40-year executed sentence for conviction of two counts of Level 1 felony child molesting. Any error in the Carroll Circuit Court regarding the admission of evidence from the victim’s exam was harmless, Heckard’s two convictions did not violate the continuous crime doctrine, and his sentence was not inappropriate.

Charles N. Peete v. State of Indiana (mem. dec.)
18A-CR-2025
Criminal. Affirms denial of Charles Peete’s motion to correct erroneous sentence. The Elkhart Superior Court sentenced Peete to 12 years for his conviction of Level 4 felony burglary, enhanced by 15 year for his status as a habitual offender. Peete argued under Indiana Code Section 35-50-2-8(b), he could not be a habitual offender because one of his prior felony convictions was for a Class D felony. COA finds the proper vehicle for Peete’s arguments is not a motion to correct erroneous sentence but a petition for post-conviction relief.  

Charles W. Gray v. State of Indiana (mem. dec.)
18A-PC-1705
Post-conviction. Affirms the denial of Charles Gray’s petition for post-conviction relief. Finds the Marion Superior Court did not err when it found Gray did not have ineffective assistance from his attorneys at trial and from his appellate counsel.   

Gary L. Allgood v. State of Indiana (mem. dec.)
18A-CR-1916
Criminal. Affirms Gary Allgood’s aggregate six-year sentence, with five years and three months to be served in the Indiana Department of Correction, for conviction of Level 5 felony robbery and Level 6 felony intimidation. Finds Allgood knowingly, voluntarily and intelligently waived his right to counsel. Rules the Lake Superior Court’s decision to sentence Allgood to an aggregate six-year sentence was not inappropriate in light of the nature of the offense and the character of the offender.   

In re the Termination of the Parent-Child Relationship of A.J., D.J., and C.J. (Minor Children) and F.J. (Father) v. Indiana Department of Child Services (mem. dec.)
18A-JT-1815
Juvenile. Affirms the termination of father F.J.’s parental rights to his three minor children. Finds father waived his due process claims and none of the alleged due process violations rise to the level of fundamental error. Rules Hamilton Circuit Court’s orders terminating Father’s parental rights to his children are supported by clear and convincing evidence.

Duriel Jareau Williams v. State of Indiana (mem. dec.)
18A-PC-1522
Post-conviction. Affirms the denial of Duriel Williams’ petition for post-conviction relief after his murder conviction. Finds Williams’ trial counsel and appellate counsel did not render ineffective assistance. Accordingly, the Lake Superior Court did not err in denying Williams’ PCR petition.

In re the Termination of the Parent-Child Relationship of P.R. (Minor Child) and J.R. (Father) v. Indiana Department of Child Services (mem. dec.)
18A-JT-1771
Juvenile. Affirms the termination of father J.R.’s parental rights to his daughter. Finds that clear and convincing evidence supports the Elkhart Circuit Court’s findings and that the Department of Child Services established all of the requirements in Indiana Code Section 31-35-2-4(b) for the termination of father’s parental rights.

John Robert Carpenter v. State of Indiana (mem. dec.)
59A01-1708-CR-1945
Criminal. Affirms John Carpenter’s conviction and aggregate 195-year sentence for murder and Class A felony counts of voluntary manslaughter and robbery resulting in serious bodily injury. Finds Orange Circuit Court did not abuse its discretion by finding Carpenter competent to stand trial. Rules the trial court did not abuse its discretion by admitting Carpenter’s statement to the investigating detective or one of the victim’s in-court identifications of Carpenter. Holds the trial court properly denied Carpenter’s motion for a mistrial. Finds Carpenter’s sentence is not inappropriate.