Opinions April 29, 2022

The following 7^th Circuit Court of Appeals opinion was posted after IL deadline Thursday:
United States of America v. Adam T. Williams, Jr.
21-2401
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Senior Judge James T. Moody.
Criminal. Vacates the denial of Adam Williams’ motion to reduce his sentences for crack-cocaine offenses under the First Step Act. Finds the district court did not calculate the amended statutory ranges that Williams’ convictions carried. Remands for further proceedings, including reconsideration of Williams’ motion.

 Friday opinions
Court of Appeals of Indiana
Legacy Builders Indiana, Inc. and as amended Legacy Builders Indiana, LLC, et al. v. Christopher Crocker and Beth Anne Robards-Crocker
21A-CT-2255
Civil tort. Reverses the denial of Legacy Builders Indiana Inc. and Jonathon D. Douglas’ motion to set aside a default judgment in favor of Christopher Crocker and Beth Anne Robards-Crocker. Finds the Clay Circuit Court abused its discretion by holding a hearing without notice to the defendants. Also finds the trial court erred by denying the motion to set aside the default judgment where the trial court lacked personal jurisdiction. Remands for further proceedings.

B.M. and R.M. v. A.J. by Child’s Next Friend, R.J.
21A-PO-2290
Protective order. Reverses the orders of protection against B.M. and R.M. Finds B.M. and R.M. have made a prima facie showing that the Lawrence Circuit Court failed to preside over the hearing as a neutral, impartial decision-maker in violation of their due process rights. Remands for a new hearing before a different judicial officer. Orders that there be no contact between A.J. and between B.M. and A.J. and R.M. pending the hearing. Judge Melissa May concurs in result without separate opinion.

Noah Peterson v. State of Indiana
21A-CR-1329
Criminal. Affirms Noah Peterson’s conviction of Level 6 felony intimidation but reverses his conviction of Level 5 felony intimidation. Finds there is sufficient evidence to support the Level 6 felony conviction, but insufficient evidence to support the Level 5 felony conviction.

Larry Lee and Linda Lee v. Stephen Coats, Margaret Coats, John Wright, Bette Rowe, Coldwell Banker Roth Wehrly Graber, and Old Republic National Title Insurance Company (mem. dec.)
21A-PL-274
Civil plenary. Affirms the partial grant of summary judgment to John Wright and the grant of summary judgment to Bette Sue Rowe on a complaint filed by Larry and Linda Lee. Finds the Allen Superior Court did not err.

Kurt Wertz v. State of Indiana (mem. dec.)
21A-CR-456
Criminal. Dismisses Kurt Wertz’s appeal of the denial of his motion for modification of his sentence. Finds Wertz has not provided reasonable, legitimate and verifiable documentation supporting a claim that his notice of appeal was timely submitted to prison officials for mailing, so he has forfeited his right to appeal. Also finds Wertz does not allege that any extraordinarily compelling reasons exist as to why the forfeited right should be restored.

Everett James McGill v. State of Indiana (mem. dec.)
21A-CR-1062
Criminal. Affirms Everett James McGill’s conviction of Level 4 felony attempted sexual intercourse with a minor and his sentence to 28 years in the Indiana Department of Correction. Finds the Jefferson Circuit Court did not abuse its discretion when it admitted evidence Also finds the evidence is sufficient to support McGill’s conviction. Finally, finds his sentence is not inappropriate.

Falon Vela v. Beverly K. Oswald (mem. dec.)
21A-PL-1486
Civil plenary. Affirms the entry of summary judgment with respect to Falon Vela’s breach of contract, her failure to assume the equipment lease payments and the award of attorney fees, and summary judgment awarding Oswald attorney fees for her dealings with the individual lenders. Reverses summary judgment with respect to the Hamilton Superior Court’s conclusion of Vela’s liability for $13,528 and $6,400, as those payments were not made with Beverly Oswald’s personal funds. Remands to the trial court to determine whether the replevin costs were paid out of Oswald’s personal funds, and to determine Oswald’s reasonable appellate attorney fees.

J.T. v. State of Indiana (mem. dec.)
21A-JV-1670
Juvenile. Affirms the modification of J.T.’s disposition and the award of wardship of J.T. to the Indiana Department of Correction. Finds the juvenile court did not abuse its discretion.

Andre Dana Hastins v. State of Indiana (mem. dec.)
21A-CR-1765
Criminal. Affirms Andre Hasting’s conviction of murder and his 70-year sentence. Finds the evidence is sufficient to support Hasting’s conviction. Also finds his sentence is not inappropriate.

Latisha L. Bradley v. State of Indiana (mem. dec.)
21A-CR-1790
Criminal. Affirms Latisha L. Bradley’s conviction for Class B misdemeanor battery. Finds the Daviess Superior Court did not abuse its discretion in admitting the recording containing Calvin Jackson’s statements and in not admitting the affidavit offered by Bradley. Also finds evidence of probative value exists from which the trier of fact could have found beyond a reasonable doubt that Bradley committed battery as a Class B misdemeanor.

Jacob E. McGee v. State of Indiana (mem. dec.)
21A-CR-1878
Criminal. Affirms Jacob McGee’s conviction of Level 4 felony unlawful possession of a firearm by a serious violent felon. Finds McGee waived his argument regarding an alleged discovery violation. Also finds sufficient evidence to support his conviction.

In Re: The Matter of K.C., a Child in Need of Services; M.H. (Mother) and T.C. (Father) v. The Indiana Department of Child Services, and Kids’ Voice of Indiana (mem. dec.)
21A-JC-2130
Juvenile CHINS. Affirms the adjudication of mother M.H. and father T.C.’s son, K.C., as a child in need of services. Finds the Department of Child Services presented sufficient evidence to support the CHINS adjudication.

Joann Sumey v. State of Indiana (mem. dec.)
21A-CR-2172
Criminal. Affirms Joann Sumey’s conviction of possession of marijuana as a Class b misdemeanor. Finds the state presented sufficient evidnece to support Sumey’s conviction.

James A. Grewe, Mary Jane Grewe, William J. Gardtner, and Patricia A. Gardtner, and Mary Diana Leach v. Alvin Ray Boggs and Jane B. Boggs (mem. dec.)
21A-PL-2296
Civil plenary. Affirms the Washington Circuit Court’s Sept. 21, 2021, order concerning certain real property that required the property to be transferred to Alvin Ray and Jane B. Boggs. Finds the trial court did not abuse its discretion in order specific performance to the Boggses.

Robert D. Carter v. State of Indiana (mem. dec.)
21A-CR-2323
Criminal. Affirms the revocation of Robert D. Carter’s probation. Finds the Howard Superior Court did not err when allocating Carter’s credit time upon the revocation of his probation.

In the Matter of R.M. and A.M. (Children), Children in Need of Services, A.M. (Mother) v. Indiana Department of Child Services (mem. dec.)
21A-JC-2394
Juvenile CHINS. Affirms the order modifying custody against mother A.M. Finds A.M. did not assert to the Allen Superior Court that she was denied due process, so that issue on appeal is waived, but waiver notwithstanding, reversal is not warranted. Also finds the trial court did not abuse its discretion. Finally, finds the judgment is not clearly erroneous.

James E. Manley v. Mark Sevier (mem. dec.)
21A-MI-2486
Miscellaneous. Affirms the denial of James Manley’s petition for writ of habeas corpus. Finds the Henry Circuit Court did not abuse its discretion.

Jason Collins v. State of Indiana (mem. dec.)
21A-CR-2520
Criminal. Dismisses Jason Collins’ appeal of the denial of his motion to withdraw his guilty plea. Finds Collins waived his argument on appeal.

In the Involuntary Termination of the Parent-Child Relationship of M.B. and P.B. (Minor Children), and A.H. (Mother) v. Indiana Department of Child Services (mem. dec.)
21A-JT-2561
Juvenile termination of parental rights. Affirms the involuntary termination of mother A.H.’s parental rights to M.B. and P.B. Finds that based on the totality of the evidence, including the recommendations of therapist Swan Roberts, family case manager Dustin Smith and CASA Melissa Borries, the Clark Circuit Court’s determination that termination is in the children’s best interests is supported by clear and convincing evidence.

In the Termination of the Parent-Child Relationship of B.W. (Minor Child), and J.W. (Mother) v. Indiana Department of Child Services (mem. dec.)
21A-JT-2693
Juvenile termination of parental rights. Affirms the involuntary termination of mother J.W.’s parental rights to B.W. Finds that based on the totality of the circumstances, including the recommendations of family case manager Michelle Shepherd and GAL Jess Gibson, the Jennings Circuit Court’s determination that termination is in the child’s best interests is supported by clear and convincing evidence.

Anthony D. Tilford v. State of Indiana (mem. dec.)
21A-CR-2709
Criminal. Affirms Anthony Tilford’s 10-year sentence for his conviction of Level 3 felony robbery. Finds that based upon the nature of the offense and the character of the offender, Tilford has not met his burden to show that his sentence is inappropriate.