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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 published after IL’s deadline Friday:
United States of America v. Junaid Gulzar
23-1204
Criminal. Appeal from the U.S. District Court for the Northern District of Indiana, South Bend Division. Judge Robert L. Miller Jr.
Affirms the district court’s increase of Junaid Gulzar’s total offense level based on Ariana Small’s loss at the time she detected his fraud. Finds the district court was correct to defer to the guidelines commentary.
Monday opinions
Court of Appeals of Indiana
Lela Jo Boucher v. Dennis J. Doyle
23A-DN-1534
Domestic relations without children. Affirms the Delaware Circuit Court’s order dividing the marital estate in favor of Dennis Doyle. Finds Lela Jo Boucher failed to demonstrate that the trial court’s deviation from the presumptive equal split of the marital estate was clearly erroneous.
John Doe and Jane Doe, as parents and legal guardians of Jill Doe, a minor v. K.M.W. and K.J.W.
22A-CT-2922
Civil tort. Affirms the Johnson Superior Court’s grant of summary judgment on the premises liability claim and its decision to strike portions of the expert’s affidavit. Reverses the trial court’s grant of summary judgment on the negligent parental supervision claim and remands the matter to the trial court for further proceedings on the merits.
In Re: The Marriage of Bryan Bernstein v. Leaanne Berstein (mem. dec.)
23A-DN-292
Domestic relations no children. Affirms the Allen Superior Court’s rejection of Bryan Berstein’s proposed financial advisor-client privilege. Finds the trial court did not abuse its discretion. Reverses the trial court’s findings and conclusions. Finds the trial court failed to make adequate findings of fact and conclusions thereon pursuant to Indiana Trial Rule 52. Remands for further proceedings consistent with the opinion.
Charlie Davis Leshore Jr. v. State of Indiana (mem. dec.)
23A-CR-1079
Criminal. Affirms Charlie Leshore Jr.’s sentence for Class B felony burglary, two counts of robbery, Class B felonies, Class A felony rape, and two counts of criminal confinement, Class B felonies. Finds the Allen Superior Court did not abuse its discretion in sentencing Leshore and that his aggregate 70-year sentence is not inappropriate given the nature of his offense and his character.
Javonte J. Miles v. State of Indiana (mem. dec.)
23A-CR-1296
Criminal. Affirms Javonte J. Miles’s 20-year sentence for robbery resulting in serious bodily injury. Finds his sentence is not inappropriate in light of the nature of his offense and his character.
In the Matter of A.E. and C.E., Children in Need of Services C.E. v. Indiana Department of Child Services (mem. dec.)
23A-JC-1308
Juvenile CHINS. Affirms the Allen Superior Court’s order adjudicating C.E.’s minor child A.E. and C.E. as children in need of services. Finds no error.
Joseph Monie v. State of Indiana (mem. dec.)
23A-CR-1337
Criminal. Affirms Joseph Monie’s conviction for child molesting. Finds the state presented sufficient evidence beyond a reasonable doubt to support Monie’s conviction for Level 4 felony child molesting.
Jason S. Perry v. State of Indiana (mem. dec.)
23A-PC-1359
Post-conviction relief petition. Affirms the Gibson Circuit Court’s denial of Jason Perry’s petition for post-conviction relief. Finds the trial court did not err in denying the Appeal Petition.
William Stinnett v. State of Indiana (mem. dec.)
23A-CR-1515
Criminal. Affirms William Stinnett’s conviction for Level 4 felony child molesting. Finds the Washington Circuit Court properly excluded evidence and testimony of a pervious uncharged incident in another county, and that the prosecutor did not commit misconduct during closing argument.
Olubunmi Oyepeju Okanlami v. State of Indiana (mem. dec.)
23A-CR-1598
Criminal. Affirms Olubunmi Oyepeju Okanlami’s conviction of Class A misdemeanor resisting law enforcement and Class C misdemeanor reckless driving. Finds the state presented sufficient evidence to support the conviction for resisting law enforcement.
Ralph Lopez v. State of Indiana (mem. dec.)
23A-CR-1766
Criminal. Reverses the Marion Superior Court’s habitual offender finding. Finds Ralph Lopez never waived his right to a jury trial on the habitual offender allegation.
In Re the Paternity of A.G., T.J. Jr. and A.J., Chelsea Graham v. Timothy Johnson Jr. (mem. dec.)
23A-JP-1777
Juvenile paternity. Reverses the Howard Circuit Court’s child support order. Finds the trial court abused its discretion when calculating the credit awarded to Timothy Johnson Jr. for overnight stays. Remands for recalculation of Johnson child support obligation and calculation of his accrued child support arrearage in accordance with the opinion.
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