Opinions Aug. 10, 2022

The following 7^th Circuit Court of Appeals opinion was posted after IL deadline on Tuesday:

United States of America v. Martel Settles
21-2780
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Damon R. Leichty.
Criminal. Affirms Martel Settles’ 87-month sentence in prison after he pleaded guilty to being a felon in possession of a firearm. Finds the Northern Indiana District Court’s methodology of attributing additional offense levels to corresponding factors identified in 18 U.S.C. § 3553(a), then determining what the sentencing guidelines would advise, was flawed and grounds for remanding the case. However, also finds the error was harmless because the district court explained its sentence with a more traditional application of section 3553(a).

Wednesday opinions
Court of Appeals of Indiana
Hipolito Ramirez Martinez v. State of Indiana
21A-CR-2797
Criminal. Affirms Hipolito Martinez’s convictions of two counts of Level 1 felony child molesting. Finds the Tippecanoe Superior Court did not err in granting the jury’s request to review victim K.R.’s testimony. Also finds the trial court did not abuse its discretion in denying Martinez’s mistrial motion. Finally, finds the trial court did not err in denying the state’s request to have Martinez classified as a credit-restricted felon.

James Edward McGhee, Jr. v. State of Indiana
22A-CR-152
Criminal. Affirms James Edward McGhee Jr.’s conviction of murder and his adjudication as a habitual offender. Finds the Lake Superior Court did not abuse its discretion when it admitted McGhee’s cell-site location information records into evidence, or when it granted the state’s motion to continue. 

In re: The Adoption of: O.M.K. and C.M.K., J.P. v. J.A. (mem. dec.)
22A-AD-425
Adoption. Affirms the dismissal of stepfather J.P.’s petitions to adopt O.M.K. and C.M.K. Finds the Allen Superior Court’s findings are supported by the evidence, and those findings support the trial court’s conclusion that biological father J.A.’s consent to the children’s adoption by J.P. was required. Judge L. Mark Bailey concurs in result without separate opinion.

Carolina Casualty Insurance Company v. JWS NE Corp. d/b/a Fort Wayne Roofing and Sheet Metal Corp. (mem. dec.)
22A-CC-268
Civil collections. Affirms the denial of Carolina Casualty Insurance Company’s motion for the immediate appointment of a receiver after it was awarded a monetary judgment against JWS NE Corp. d/b/a Fort Wayne Roofing and Sheet Metal Corp. Finds the Marion Superior Court did not err in denying the motion without holding a hearing.

Paul Lechner v. Consolidated Rail Corporation (mem. dec.)
22A-CT-182
Civil tort. Affirms the entry of summary judgment for Consolidated Rail Corporation in a dispute with Paul Lechner. Finds Lechner failed to file his complaint within the three-year statute of limitations, so his complaint was not timely filed. Also finds the Hendricks Superior Court properly entered summary judgment for Conrail.

Edward Zaragoza v. Wexford of Indiana, LLC, et al. (mem. dec.)
22A-CT-206
Civil tort. Affirms the grant of summary judgment to Wexford of Indiana LLC and several doctors who were employed by Wexford, who were sued by inmate Edward Zaragoza for medical malpractice, Eighth Amendment violations and liability. Finds the Marion Superior Court did not err in granting summary judgment to the defendants.

Bryan Andrew Cox v. State of Indiana (mem. dec.)
22A-CR-158
Criminal. Affirms the revocation of Bryan Cox’s probation and the order for him to serve the remainder of his previously suspended sentences in the Department of Correction. Finds the Grant Superior Court did not err in revoking Cox’s probation due to his failure to appear. Also finds the trial court did not abuse its discretion by ordering Cox to serve his previously suspended sentences.

Daniel Elifritz v. State of Indiana (mem. dec.)
22A-CR-543
Criminal. Affirms the revocation of Daniel Elifritz’s probation and the order that he serve the balance of his two-year sentence in the Bartholomew County Jail. Finds the Bartholomew Superior Court did not abuse its discretion by ordering Elifritz to serve the remainder of his previously-suspended sentence.

Tyler J. Denney v. State of Indiana (mem. dec.)
22A-CR-526
Criminal. Dismisses Tyler Denney’s appeal of his 730-day sentence for his conviction pursuant to a guilty plea of Level 5 felony causing serious bodily injury when operating a motor vehicle with a blood alcohol concentration of 0.08 or more. Finds Denney has waived any review of his sentence. Declines to distinguish or depart from the holding in Creech v. State, 887 N.E.2d 73 (Ind. 2008).

Bernard B. Eguia v. State of Indiana (mem. dec.)
22A-CR-790
Criminal. Affirms the revocation of Bernard B. Eguia’s probation and the order that he serve 365 days in the Indiana Department of Correction. Finds the Wells Circuit Court did not abuse its discretion.

Kevin Kenneth Andrews, Sr. v. Kelly Denise Andrews (mem. dec.)
22A-DR-7
Domestic relations. Affirms the modification of Kevin Andrews, Sr.’s parenting time. Finds the modification was not clearly erroneous due to Andrews’ documented and escalating anger issues and threats.