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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 7th Circuit Court of Appeals opinion was posted after IL deadline Thursday:
Dentrell Brown v. Frank Vanihel, Warden, Wabash Valley Correctional Facility
20-2473, 20-2474
Appeals from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Jane Magnus-Stinson.
Civil. Dismisses the state of Indiana’s appeal as moot and grants Dentrell Brown’s motion to dismiss voluntarily his cross-appeal. Denies Brown’s motion to file a special appendix. Finds the state’s vacatur of the conviction ended the 7th Circuit’s jurisdiction.
Friday opinion
Indiana Court of Appeals
Latieka Q. Page v. State of Indiana
21A-CR-90
Criminal. Reverses Latieka Page’s conviction of Level 6 felony possession of a narcotic drug after law enforcement found previously prescribed Oxycodone pills in an unlabeled bottle in her car. Disagrees with the Elkhart Superior Court’s determination that a validly issued prescription becomes invalid for purposes of Indiana Code § 35-48-4-6 upon a person’s failure to take the medicine as prescribed. Finds Page proved by a preponderance of the evidence that she had obtained the pills from previous validly-issued prescriptions.
Anthony D. Brown, Jr. v. State of Indiana (mem. dec.)
20A-CR-2389
Criminal. Affirms Anthony D. Brown Jr.’s conviction for Level 4 felony unlawful possession of a firearm by a serious violent felon. Finds that police had reasonable suspicion to conduct the stop, that the pat down search for officer safety did not exceed the permissible scope of a Terry stop and that it was not unreasonable under the Indiana Constitution. Also finds no error in allowing the firearm found in the search conducted after the stop to be allowed into evidence.
K.S. v. State of Indiana (mem. dec.)
21A-JV-313
Juvenile. Affirms K.S.’s adjudication as a delinquent for committing an act that, if committed by an adult, would constitute the offense of carrying a handgun without a license. Finds the traffic stop of the vehicle K.S. was in was constitutional, and the Marion Superior Court did not err in admitting into evidence the gun found during the search of the vehicle
In the Termination of the Parent-Child Relationship of: C.J., N.P. (Minor Children) and K.P. (Mother) v. Indiana Department of Child Services (mem. dec.)
21A-JT-348
Juvenile termination of parental rights. Affirms the involuntary termination of mother K.P.’s parental rights to two of her children, C.C. and N.P. Finds sufficient evidence to show support the termination.
In re the Termination of the Parent-Child Relationship of Ja.V. and S.V. (Minor Children) and J.V. (Mother) v. Indiana Department of Child Services (mem. dec.)
21A-JT-423
Juvenile termination of parental rights. Affirms the termination of mother J.V.’s parental rights to her two children, Ja.V. and S.V. Finds the Spencer Circuit Court did not abuse its discretion in denying mother’s counsel’s oral request to continue the termination hearing.
Marcus Ternet v. State of Indiana (mem. dec.)
21A-CR-535
Criminal. Affirms Marcus Ternet’s conviction of Class B felony battery resulting in serious bodily injury to a person less than fourteen years of age. Finds sufficient evidence to support the conviction.
In the Termination of the Parent-Child Relationship of: A.K. (Minor Child), and M.B. (Father) v. Indiana Department of Child Services (mem. dec.)
21A-JT-566
Juvenile termination of parental rights. Affirms the termination of father M.B.’s parental rights to A.K. Finds the termination order was not clearly erroneous.
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