Opinions Feb. 11, 2022

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

Allen Brown v. Jeffrey E. Krueger
20-1952
Appeal from the U.S. District Court for the Southern District of Indiana, Terre Haute Division. Judge Jane Magnus-Stinson.
Criminal. Affirms the Indiana Southern District Court’s denial of Allen Brown’s habeas petition filed under 28 U.S.C. § 2241. Finds the Missouri cases Brown cited did not conflict with the 8^th Circuit Court of Appeals’ view that the offense of exhibiting weapons is a violent felony under the Armed Career Criminal Act. Concludes the court does not have to answer the “thorny choice of law question” posed by In re Davenport, 147 F.3d 605 (7th Cir. 1998) driven 2241 petitions of whether the law of the circuit of confinement or the circuit of conviction applies.

Friday

Court of Appeals of Indiana
In the Matter of the Guardianship of A.E.R. (Minor Child) Shawn Wright v. Gilberto Ruiz, Sr., and Teresa Ruiz
21A-GU-1682
Guardianship. Affirms the Lake Superior Court’s order appointing grandparents Gilberto Ruiz, Sr. and Teresa Ruiz as guardians of Shawn Wright’s child, A.E.R. Finds the trial court did not abuse its discretion in denying Wright’s motion to transfer venue and by appointing the grandparents as A.E.R.’s guardians. Finds the grandparents are not entitled to attorney fees.

Denver Lee Murray v. State of Indiana
21A-CR-1495
Criminal. Affirms Wells Circuit Court’s 25-year sentence given to Denver Lee Murray for Level 2 felony dealing methamphetamine. Finds the trial court didn’t violate Murray’s Fifth Amendment rights when it asked him to show his teeth to a jury to show he was the same person that was in an incriminating video. Concludes his sentencing isn’t inappropriate given his criminal history.

Trent Howard Boyle v. State of Indiana (mem. dec.)
21A-CR-686
Criminal. Affirms the denial of Trent Howard Boyle’s motion to suppress. Finds the Bluffton Police Department’s investigatory stop of Boyle did not violate Article I, Section 11 of the Indiana Constitution. Finds the degree of concern that Boyle was involved in criminal activity was high, the degree of intrusion of an investigatory stop is minimal and law enforcement’s need to investigate the reported drug dealing activity was great. Remands for further proceedings.

Charles L.D. Perry v. State of Indiana (mem. dec.)
21A-CR-877
Criminal. Affirms the denial of Charles L.D. Perry’s motions for discharge and motion to reconsider in two separate criminal causes. Finds the trial court did not err in denying Perry’s motion for discharge based upon his waivers for either Cause 350 or Cause 22.

Ron Hale v. State of Indiana (mem. dec.)
21A-CR-1253
Criminal. Affirms Ron Hale’s conviction for Class A misdemeanor battery resulting in bodily injury. Finds sufficient evidence to support the conviction.

In Re the Matter of: C.G. v. M.G. and M.G. (mem. dec.)
21A-AD-1357
Adoption. Affirms the denial of C.G.’s motion to withdraw her consent to the adoption of her three minor children A.G., K.G., and G.G. to grandparents M.G. and M.G. Concludes that the mother’s consent to adopt the children was irrevocably implied after her failure to timely challenge their adoption, rendering any additional consent on her part unnecessary. Judge Margret Robb concurs in result. Judge Derek Molter concurs in result with separate opinion.

Marshaum Givens v. State of Indiana (mem. dec.)
21A-CR-1411
Criminal. Affirms the St. Joseph Superior Court’s interlocutory order denying Marshaum Givens’ motion to suppress. Concludes that the trial court properly denied Givens’ motion to suppress and that the challenged evidence was not obtained in violation of Givens’ Fourth Amendment rights.

Demetre Payton v. State of Indiana (mem. dec.)
21A-CR-1547
Criminal. Affirms Demetre Payton’s conviction of Class A misdemeanor resisting law enforcement. Finds sufficient evidence to support the conviction.

Alicia Woods and Marlon Woods FKA Marlon Lewis v. Trim-A-Seal of Indiana, Inc. (mem. dec.)
21A-CC-1699
Civil collection. Affirms the Lake Superior Court’s entry of final judgment and award of attorney fees in favor of Trim-A-Seal of Indiana against Alicia Woods and Marlon Woods in accordance with an arbitration award. Concludes that the Woods have failed to establish any grounds under the Indiana Uniform Arbitration Act for vacating the arbitration award.

Michael D. Webb v. State of Indiana (mem. dec.)
21A-CR-1586
Criminal. Affirms Michael Webb’s aggregate five-year sentence, with the final 180 days served on home detention, for conviction of stalking as a Level 6 felony, voyeurism as a Level 6 felony, public intoxication as a Class B misdemeanor and his admittance to being a habitual offender. Finds that his sentence is not inappropriate in light of the nature of the offense and the character of the offender.