Opinions Aug. 23, 2023

The following 7^th Circuit Court of Appeals opinion was posted after IL deadline on Tuesday:
United States of America v. Delvarez Long
22-2275
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Tanya Walton Pratt.
Criminal. Affirms Delvarez Long’s above-guideline prison term for possessing a firearm after being convicted of a felony. Finds no plain error under Tapia v. United States, 56 U.S. 319 (2011).

Wednesday opinions
Court of Appeals of Indiana
Pink Allen Robinson v. State of Indiana
22A-PC-1102
Post-conviction. Affirms the denial of Pink Allen Robinson’s change-of-judge motion. Finds the post-conviction court did not clearly err.

Q.H. v. State of Indiana
23A-JV-326
Juvenile. Reverses Q.H.’s commitment to the Indiana Department of Correction after he was adjudicated as a juvenile delinquent. Finds the juvenile court could not reasonably determine under Indiana Code § 31-37-18-6 that commitment to the DOC was the least restrictive disposition consistent with Q.H.’s best interests and community safety. Remands for further proceedings.

Kyle Budimir v. State of Indiana
23A-CR-17
Criminal. Reverses the denial of Kyle Budimir’s motion to suppress evidence recovered during a search of his person during a traffic stop. Finds the White Superior Court erred.

Roger Mendez-Vasquez v. State of Indiana
23A-CR-226
Criminal. Affirms Roger Mendez-Vasquez’s conviction of Level 6 felony methamphetamine possession. Finds the Hamilton Superior Court did not abuse its discretion in admitted evidence recovered during the search of Mendez-Vasquez’s truck. Judge Leanna Weissmann dissents with separate opinion. 

Jeffrey L. Foster, Kathie J. Foster, and The Earl Goodwine Trust v. First Merchants Bank, N.A.
23A-PL-473
Civil plenary. Affirms the grant of summary judgment to First Merchants Bank N.A. in a dispute with Jeffrey and Kathie Foster and The Earl Goodwine Trust. Finds the bank’s request for a dismissal for failure to prosecute untimely, but the designated evidence demonstrates that the appellants should be barred from continuing the pursuit of their claims against the bank pursuant to the doctrine of laches.

William Bates and Greg Bates v. Wiper Corporation and Vinod Gupta (mem. dec.)
23A-PL-27
Civil plenary. Affirms the grant of judgment in favor of Vinod Gupta and Wiper Corporation in a dispute with William Bates and Greg Bates. Finds the Owen Circuit Court’s findings of fact are supported by the record, and those findings support its conclusion that there was a valid contract between Gupta and the purchasers for the sale of property. Also finds the purchasers have not established that the trial court erred in determining Gupta did not commit fraud, or in enforcing the forfeiture provision of the contract.

In Re the Adoption of G.L.R. J.D.W. and J.H.W. v. A.R. (mem. dec.)
23A-AD-592
Adoption. Affirms the order requiring mother A.R.’s consent to the adoption of G.L.R. by grandparents J.D.W. and J.H.W. Finds the Madison Circuit Court’s order requiring A.R.’s consent was not clearly erroneous.

Sage John-Cole Thomas v. State of Indiana (mem. dec.)
23A-CR-461
Criminal. Affirms Sage John-Cole Thomas’ convictions of Level 3 felony criminal confinement while armed with a deadly weapon, Level 5 felony intimidation while armed with a deadly weapon, Level 6 felony pointing a firearm, Level 6 felony intimidation, Level 6 felony criminal recklessness with a deadly weapon and Class A misdemeanor carrying a handgun without a license. Finds the state presented sufficient evidence to rebut Thomas’ claims of defense of property and self-defense. Also finds the state presented sufficient evidence beyond a reasonable doubt to support Thomas’ conviction for criminal recklessness with a deadly weapon.

Bruce A. Vanlue v. State of Indiana (mem. dec.)
23A-CR-755
Criminal. Affirms Bruce A. Vanlue’s convictions of two counts of Level 1 felony child molesting and one count of Level 6 felony performing sexual conduct in the presence of a minor. Finds Vanlue was not denied effective assistance of counsel. Also finds the Knox Circuit Court did not abuse its discretion in admitting Morgan Marczak’s testimony. Finally, finds Vanlue has waived his argument that Marczak’s testimony amounted to impermissible vouching for the truthfulness of the children’s allegations.

Rachel Rose Wright v. State of Indiana (mem. dec.)
23A-CR-294
Criminal. Affirms Rachel Wright’s 25-year sentence for Level 1 felony neglect of a dependent resulting in death. Finds Wright’s sentence is not inappropriate given the nature of her offense and her character.

Stephon Bradley v. State of Indiana (mem. dec.)
22A-CR-2329
Criminal. Affirms the denial of Stephon Bradley’s motion to reconsider, which followed the denial of his motion to modify his sentence. Finds the Marion Superior Court did not err.

Jeffery L. Morrow v. State of Indiana (mem. dec.)
23A-CR-158
Criminal. Affirms the revocation of Jeffery Morrow’s community corrections placement and the order that he serve the remaining 677 days of his sentence in the Indiana Department of Correction. Finds the Marion Superior Court did not abuse its discretion.

Sabrina L. Dunn v. State of Indiana (mem. dec.)
22A-CR-2416
Criminal. Affirms Sabrina L. Dunn’s conviction for murder but reverses her 65-year sentence. Finds the trial court did not abuse its discretion in giving Final Instruction No. 7 because the substance of Dunn’s proposed instruction was covered by other given instructions. Also Dunn waived her claim that the trial court erred in refusing to give her proposed instruction on defense of dwelling, and she has not demonstrated fundamental error. Finally, finds Dunn met her burden of establishing that the maximum sentence of 65 years is inappropriate in light of the nature of the offense and her character. Remands with instructions to resentence Dunn to the advisory sentence of 55 years, with five years suspended to probation.

In the Matter of: A.T., Child in Need of Services: B.T. (Mother) and N.T. (Father) v. The Indiana Department of Child Services (mem. dec.)
22A-JC-3051
Juvenile CHINS. Affirms and reverses in part the adjudication of A.T. as a child in need of services. Finds the juvenile court correctly adjudicated A.T. as a CHINS, but the portion of the order relating to Indiana Code §§ 31-34-1-1 and -2 is not supported by the evidence.

D.R. v. State of Indiana (mem. dec.)
22A-JV-724
Juvenile. Affirms D.R.’s adjudications as a juvenile delinquent for acts that would be Level 4 felony child molesting and Level 6 felony sexual battery if committed by an adult. Finds the juvenile court did not commit fundamental error.

In the Termination of the Parent-Child Relationship of E.W. D.T. (Father) v. Indiana Department of Child Services (mem. dec.)
23A-JT-789
Juvenile termination of parental rights. Affirms the termination of father D.T.’s parental rights over E.W. after failing to complete a court-ordered reunification plan. Finds D.T. was not denied due process. Also finds the evidence was sufficient to support the termination of his parental rights.

Jordan Reed v. State of Indiana (mem. dec.)
23A-CR-568
Criminal. Affirms the revocation of Jordan Reed’s probation and the order that he serve his entire sentence in prison. Finds the Madison Circuit Court did not abuse its discretion.

William E. Evans, Jr. v. State of Indiana (mem. dec.)
23A-CR-563
Criminal. Affirms William Evans Jr.’s conviction of Class B misdemeanor battery. Finds the state disproved Evans’ claim of self-defense beyond a reasonable doubt.

Ignacio Espinosa De Los Monteros v. Amber N. Espinosa De Los Monteros n/k/a Amber Scott-Raddaatz (mem. dec.)
23A-DR-439
Domestic relations. Affirms and reverses the Hamilton Superior Court’s order on child support and parenting time. Finds father Ignacio Espinosa De Los Monteros has failed to establish clear error regarding the trial court’s therapy orders and its imputation of income to mother Amber Espinosa De Los Monteros. Also finds the trial court erred when it characterized Ignacio’s overpayment of child support as an arrearage. Remands for the trial court to apply Ignacio’s overpayment of child support to his existing arrearage judgment.

In the Termination of the Parent-Child Relationship of H.D. (Minor Child) M.C. (Mother) v. Indiana Department of Child Services, and Kids’ Voice of Indiana (mem. dec.)
23A-JT-389
Juvenile termination of parental rights. Affirms the termination of mother M.C.’s parental rights to H.D. Finds clear and convincing evidence supported the trial court’s determination.