Opinions Aug. 10, 2023

The following 7^th Circuit Court of Appeals opinion was posted after IL deadline on Wednesday:
United States of America v. Sergio Gamez
22-2278
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Senior Judge Jon E. DeGuilio.
Criminal. Certifies to the Indiana Supreme Court the question of whether the state, under Indiana law, must prove that a defendant burned property in order to obtain a conviction for arson. Finds the district court was right to conclude that Sergio Gamez’s three prior Indiana felony convictions occurred “on occasions different from one another,” and that the state’s choice to charge Gamez as an aider-and-abettor of arson and not a principal does not independently preclude an Armed Career Criminal Act Enhancement. Also finds the Indiana Supreme Court has not answered the proposed question, and the answer brings material sentencing consequences for Gamez. Stays all further proceedings in the 7^th Circuit while the Indiana Supreme Court considers the matter.

Thursday opinions
7^Th Circuit Court of Appeals
United States of America v. Paul Erlinger
22-1926
Appeal from the United States District Court for the Southern District of Indiana, Terre Haute Division. Judge Jane Magnus-Stinson.
Criminal. Affirms Paul Erlinger’s sentence to 15 years for illegally possessing a firearm. Finds there is no basis to hold that the Indiana burglary statute no longer qualifies for an enhanced sentence mandated by the Armed Career Criminal Act. Also finds that a preponderance of the evidence shows Erlinger’s offenses were committed on separate occasions.

Court of Appeals of Indiana
Kristin Varnhagen v. David Varnhagen (mem. dec.)
22A-DC-3057
Domestic relations with children. Affirms the judgment of the Hamilton Superior Court to modify custody of K.V. to award David Varnhagen primary physical custody and sole legal custody. Finds the trial court did not abuse its discretion.

George Voll v. State of Indiana (mem. dec.)
22A-CR-2083
Criminal. Affirms George Voll’s convictions of six counts of Level 1 felony child molesting and his 90-year sentence. Finds no reversible error in Voll’s convictions. Also finds his sentence is not inappropriate.

In the Matter of the Termination of the Parent-Child Relationship of R.P., K.P., and S.E. (Minor Children); C.P. (Father) v. Indiana Department of Child Services (mem. dec.)
23A-JT-16
Juvenile termination of parental rights. Affirms the Orange Circuit Court’s termination of father C.P.’s parental rights to his three children, K.P., R.P. and S.E. Finds the termination was not clearly erroneous.