Opinions Feb. 23, 2024

The following 7^th Circuit Court of Appeals opinion was published after IL’s deadline Thursday:
Donald A. Pierce v. Frank Vanihel
22-2073
Appeal from the U.S. District Court for the Southern District of Indiana, Terre Haute Division. Judge James Patrick Hanlon.
Prisoner. Affirms the judgment of the district court that the Indiana Court of Appeals applied clearly established law in denying Donald Pierce’s post-conviction relief petition. Finds the state court has offered a reasonable argument that counsel behaved competently. Also finds that Pierce’s counsel’s decision to refrain from objecting to the “drumbeat testimony” was a reasonable strategic assessment.

Friday opinions
Court of Appeals of Indiana
Fernando Marroquin v. Christina Reagle
23A-MI-2545
Miscellaneous. Reverses Elkhart Superior Court’s grant of summary judgment to the Commissioner of the Indiana Department of Correction Christina Reagle. Finds Indiana Code Section 11-8-8-19(f) doesn’t apply to Fernando Marroquin and that Indiana doesn’t require registration for Class D felony sexual misconduct with a minor.  Remands for the entry of summary judgment for Marroquin.

Oscar Contreras Zamilpa v. State of Indiana
23A-CR-1309
Criminal. Affirms Oscar Contreras Zamilpa’s convictions of rape and one count of sexual battery. Reverses Zamilpa’s criminal confinement convictions and two of his sexual battery convictions. Finds the additional convictions violated his right to be free of double jeopardy. Remands with instructions for the Vanderburgh Superior Court to vacate the three convictions.

Diann Adams v. Canal Insurance Company (mem. dec.)
23A-CT-2155
Civil tort. Reverses the Marion Superior Court’s denial of Canal Insurance Company’s motion to strike. Finds the trial court abused its discretion when it denied the motion. Affirms the entry of summary judgment for Canal. Finds Diann Adams has not satisfied her burden as summary judgment nonmovant to show a genuine issue of material fact.

Emily Rutherford v. Ryan McMurtrey (mem. dec.)
23A-DC-2220
Domestic relations with children. Reverses the Floyd Circuit Court’s parenting time order following Emily Rutherford’s motion to lift parenting time restrictions with respect to her minor child R.M. Finds the trial court abused its discretion by allowing R.M. to decide parenting time with Rutherford.

Jose A. Gordillo-Cansigno v. State of Indiana (mem. dec.)
23A-CR-1352
Criminal. Affirms Jose Gordillo-Cansigno’s convictions for Level 5 felony operating a vehicle while intoxicated causing serious bodily injury and Level 6 felony leaving the scene of an accident with moderate or serious bodily injury. Finds the Delaware Circuit Court committed no error when it admitted Gordillo-Cansigno’s statements to EMTs and the police into evidence.

Terry Michael Hall v. State of Indiana (mem. dec.)
23A-CR-1248
Criminal. Reverses Terry Michael Hall’s aggregate consecutive sentences for two counts of Level 5 felony intimidation. Finds Hall’s two intimidation convictions resulted from a single episode of criminal conduct and the length of his aggregate sentence exceeds the maximum sentence. Remands with instructions for the Kosciusko Superior Court to resentence Hall.

Amanda M. Fennell v. State of Indiana (mem. dec.)
23A-CR-2020
Criminal. Affirms Amanda M. Fennell’s 15-year aggregate sentence for Level 4 felony burglary, Level 6 felony auto theft and Class A misdemeanor theft. Finds Fennell has failed to establish that the sentence imposed was inappropriate given the nature of the offense or her character.

Richard J. Nagel v. State of Indiana (mem. dec.)
23A-CR-1595
Criminal. Affirms Richard J. Nagel’s convictions of Level 4 felony burglary. Finds the reasonable inferences from the evidence presented would allow a reasonable trier of fact to conclude beyond a reasonable doubt that Nagel committed burglary.

Daylan Williams v. State of Indiana (mem. dec.)
23A-CR-2062
Criminal. Affirms Daylan Williams’s conviction for Level 6 felony obstruction of justice. Finds the evidence was sufficient to show that Williams committed the offense of obstruction of justice.

Jeremiah Shawn Randolph v. State of Indiana (mem. dec.)
23A-CR-2383
Criminal. Affirms Jeremiah Shawn Randolph’s sentence for possession of methamphetamine as a Level 6 felony and being a habitual offender. Finds Randolph has not sustained his burden of establishing his sentence is inappropriate in light of the nature of the offense and his character.

Richard Howard Thomas Jr. v. State of Indiana (mem. dec.)
23A-CR-1021
Criminal. Affirms Richard Howard Thomas Jr.’s convictions for three counts of Level 3 felony attempted aggravated battery, as lesser-included offenses to three counts of Level 1 felony attempted murder, Level 3 felony criminal confinement, Level 3 felony possession of methamphetamine, and Level 4 felony unlawful possession of a firearm by a serious violent felon. Finds the Vanderburgh Circuit Court did not deny Thomas his right to notice when it instructed the jury on the inherently lesser included offenses. Also finds the trial court did not err when it permitted Detective Jackie Juncker to testify to Thomas’s statement to her at the jail.

Jeremy Ryan Lock v. State of Indiana (mem. dec.)
23A-CR-1976
Criminal. Affirms Jeremy Ryan Lock’s 200-year sentence for five counts of Level 1 felony child molesting and one count of Level 4 felony incest for molesting his daughter. Finds Lock has failed to persuade the court that his sentence is inappropriate.

Harold Reed v. State of Indiana (mem. dec.)
23A-CR-2370
Criminal. Affirms Harold Reed’s convictions of two counts of Level 4 felony child molesting and sentence. Finds the Wells Circuit Court did not commit fundamental error by failing to recuse itself after Reed threatened to kill Judge Kenton Kiracofe. Also finds Reed’s 20-year aggregate sentence is not inappropriate in light of the nature of the offenses and his character.

D.C. v. State of Indiana (mem. dec.)
23A-JV-1880
Juvenile. Affirms D.C.’s placement in the Department of Correction following his adjudication as a juvenile delinquent for committing acts that if committed by an adult would be Level 3 felony aggravated battery and Class C misdemeanor dangerous possession of a firearm. Finds D.C.’s history of delinquent behavior and lack of success with prior services, combined with his unprovoked firing of more than a dozen shots at another teen, led the court to determine the Marion Superior Court did not abuse its discretion when it determined placement of D.C. in the DOC was in D.C.’s best interest and necessary to protect the community.

A.F. v. State of Indiana (mem. dec.)
23A-JV-2568
Juvenile. Affirms the Tipson Circuit Court’s order that awarded wardship of A.F. to the Indiana Department of Correction. Finds no abuse of the juvenile court’s discretion.

In the Matter of the Termination of the Parent-Child Relationship of M.S., Mother and K.S., Child v. Indiana Department of Child Services (mem. dec.)
23A-JT-1991
Juvenile termination of parental rights. Affirms the termination of M.S.’s parental rights to K.S. Finds the Knox Superior Court did not err in its judgment terminating M.S.’s parental rights.

Eric A. Cobb v. State of Indiana (mem. dec.)
23A-PC-1114
Post-conviction relief petition. Affirms the Marion Superior Court’s dismissal of Eric A. Cobb’s petition for post-conviction relief. Finds Cobb has not demonstrated error in the dismissal of his petition and that the pleading demonstrates that he is not entitled to post-conviction relief.