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As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowThe following opinions were published before IL’s deadline Tuesday:
7th Circuit Court of Appeals
United States of America v. Keith White
22-2014
Criminal. Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Sarah Evans Barker. Affirms Keith White’s conviction and sentence, as well as the increase to his base offense level under the career-offender provision of the sentencing guidelines, for conspiracy to distribute heroin. Finds that White’s argument is meritless and the “major questions doctrine” does not apply.
Indiana Supreme Court
Safeco Insurance Company of Indiana as Subrogee of Ramona Smith v. Blue Sky Innovation Group, Inc., et.al.
23S-CT-272
Civil tort. Affirms the Marion Superior Court’s dismissal of Safeco Insurance’s third-party spoliation and negligence claims against the Michaelis Corporation. Finds the trial court did not err in dismissing Safeco’s amended complaint against Michaelis. Also finds the trial court did not err in dismissing Safeco’s negligence claim because it is substantively a third-party spoliation claim. Justice Christopher Goff concurs in part and dissents in part with separate opinion.
Wednesday opinions
Indiana Court of Appeals
J.Q.R. v. State of Indiana
23A-JV-1879
Juvenile. Affirms the Hendricks Superior Court’s adjudication of J.Q.R. as a delinquent child for committing acts that, if committed by an adult, would be level 1 felony dealing in a controlled substance resulting in death, level 5 felony dealing in a narcotic drug, and level 6 felony possession of a narcotic drug. Finds the trial court did not abuse its discretion by admitting J.Q.R.’s statements to police or by granting the state’s request for a continuance.
In re: the Termination of the Parent-Child Relationship of: My.B. and L.B. (Minor Children) and M.B. (Mother) v. Indiana Department of Child Services, Kids’ Voice of Indiana (mem. dec.)
23A-JT-2124
Juvenile termination of parental rights. Affirms the Marion Superior Court’s involuntary termination of M.B.’s parental rights to My.B. and L.B. Finds the trial court’s findings supported its conclusions that the conditions under which the children were removed from the mother’s home would not be remedied and that termination of the mother’s parental rights was in the children’s best interests.
Jeffery Alan Vlietstra v. State of Indiana (mem. dec.)
23A-CR-1786
Criminal. Affirms Jeffery Vliestra’s conviction in Lake Superior Court for burglary as a level 5 felony. Finds the state presented evidence of probative value from which a reasonable jury could find Vlietstra guilty beyond a reasonable doubt of burglary.
Lonnel Tinker v. State of Indiana (mem. dec.)
23A-CR-1177
Criminal. Affirms Lonnel Tinker’s conviction of felony murder in Allen Superior Court. Finds the state presented sufficient evidence to sustain Tinker’s felony murder conviction. Also finds the trial court considered Tinker’s youth in imposing sentence, and the trial court did not abuse its discretion in not finding any other mitigating factors. Finally, finds Tinker’s sentence is not inappropriate given the nature of his crime, his escalating history of delinquency, and his failures to abide by the terms of his probation.
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