Opinions Jan. 23, 2020

The following 7^th Circuit Court of Appeals opinions were posted after IL deadline Wednesday:
United States of America v. Jose Trinidad Garcia, Jr., and Alfonso Pineda-Hernandez, also known as Flaco
18-1890, 18-2261
Appeals from the United States District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Jane Magnus-Stinson
Criminal. Reverses the 20-year mandatory minimum sentence for Jose Garcia after he pleaded guilty to a drug-dealing conspiracy count, finding the predicate Indiana offense used to enhance his sentence does not qualify as a federal drug offense. Remands for resentencing. Affirms the 25-year sentence imposed on Alfonso Pineda-Hernandez after he was found guilty on two trafficking charges, finding no error in his sentencing or conviction.

Thursday’s opinions
Indiana Court of Appeals
McConney J. George v. State of Indiana
18A-CR-2300
Criminal. Affirms in part, vacates in part and remands McConney George’s 10-year-180-day sentence for convictions in Tippecanoe Superior Court of Level 4 felony unlawful possession of a firearm by a serious violent felon, Class A misdemeanor carrying a handgun without a license and Class B misdemeanor possession of marijuana. Finds the firearm convictions violate protections against double jeopardy and vacates the Class A misdemeanor conviction and its one-year concurrent sentence. Otherwise affirms his sentence, finding it is not inappropriate.

C.J. v. State of Indiana
19A-JV-255
Juvenile. Reverses C.J.’s delinquency adjudication for what would be Level 4 felony child molesting if committed by an adult, finding the 12-year-old’s waiver of his rights was not knowing, intelligent and voluntary. Therefore, the Marion Superior Court erred in admitting as evidence the videotape of C.J.’s interrogation and detective’s testimony regarding C.J.’s statements during the interrogation. Also finds there is no evidence to support the adjudication.

In the Matter of the Termination of the Parent-Child Relationship of B.F. and C.F. (Minor Children), C.B. (Mother) v. Indiana Department of Child Services
19A-JT-1857
Juvenile termination of parental rights. Reverses the Delaware Circuit Court’s termination of mother C.B.’s parental relationship with minor children, B.F. and C.F., finding termination was not in the children’s best interests and was therefore erroneous. Remands.

Lacey M. Derringer v. State of Indiana (mem. dec.)
19A-CR-1580
Criminal. Affirms Lacey Derringer’s 15-year sentence for her conviction in Ripley Superior Court of Level 2 felony dealing in 10 or more grams of methamphetamine. Finds Derringer’s sentence is not inappropriate in light of the nature of the offense and her character.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of: E.N. (Minor Child), and M.N. (Father) v. The Indiana Department of Child Services (mem. dec.)
19A-JT-1888
Juvenile termination of parental rights. Affirms the termination of father M.N.’s parental rights to E.N. Finds the Department of Child Services presented sufficient evidence in Montgomery Superior Court that termination was in the best interests of the child.

Raul Ramirez v. State of Indiana (mem. dec.)
19A-CR-1640
Criminal. Affirms Raul Ramirez’s aggregate 17-year sentence in the Department of Correction for his conviction of Level 4 felony operating a vehicle with an alcohol concentration equivalent of at least 0.15 grams of alcohol causing death and two counts of Level 6 felony operating a vehicle with an ACE of at least 0.08 grams of alcohol causing serious bodily injury. Finds the Greene Superior Court did not abuse its discretion in sentencing Ramirez.

Billy McCaslin v. State of Indiana (mem. dec.)
19A-CR-1929
Criminal. Affirms Billy McCaslin’s convictions in Marion Superior Court of Level 5 felony possession of methamphetamine and Class C misdemeanor possession of paraphernalia. Finds the evidence is sufficient to support the convictions.

Golby Desroches v. State of Indiana (mem. dec.)
19A-CR-1919
Criminal. Affirms Golby Desroches’ aggregate eight-year sentence, with six years executed in the Department of Correction and two years suspended to probation, for his convictions of Level 4 felony burglary and Level 6 felony sexual battery. Finds the Monroe Circuit Court did not err in sentencing Desroches. Also finds Desroches’ sentence is not inappropriate in light of the nature of the offenses and his character.

Brianna Simmons v. State of Indiana (mem. dec.)
19A-CR-1944
Criminal. Reverses Brianna Simmons’ conviction of Class A misdemeanor theft. Finds that because the Cass Superior Court did not engage in a conversation with Simmons about her lack of counsel before determining that she would pro se, her waiver of counsel was not knowing, voluntary and intelligent. Remands for further proceedings.