Opinions Jan. 26, 2022

The following 7th Circuit Court of Appeals opinion was issued after IL deadline on Tuesday:
Ryan Klaassen, et al. v. Trustees of Indiana University
21-2326
Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Judge Damon R. Leichty.
Civil. Vacates the district court’s opinion upholding Indiana University’s COVID-19 vaccine mandate and remands with instructions to dismiss the case as moot. Finds the plaintiffs abandoned the mask-and-test requirement in their appellate brief. Also finds the capable-of-retention document applies. Finally, finds the case is not a short-lived dispute that can evade review.

Wednesday opinions
Court of Appeals of Indiana
Kimberly S. Vanderveer v. State of Indiana
21A-CR-1688
Criminal. Vacates, with the state conceding, Kimberly S. Vanderveer’s conviction of Level 6 felony making a false statement on a criminal history information form as it violated her right to be free from double jeopardy. Affirms Vanderveer’s Level 5 felony using false information to obtain a handgun (Ind. Code § 35-47-2-17(a)(1)(A)). Finds the evidence and inferences most favorable to the jury’s verdict could lead a reasonable jury to conclude Vanderveer’s falsification of Form 4473 was knowing or intentional.

Scott Geels and Erica Leitch v. Desiree Morrow and Sean Riley
21A-MI-960
Miscellaneous. Affirms the denial of Scott Geels and Erica Leitch’s petition for guardianship of Desiree Morrow and Sean Riley’s child. Finds it was not in the child’s best interests for Geels and Leitch to be her guardians. Also finds the mother has stable housing and no evidence was presented that she is unable to care for the child.

Diana Neeley v. State of Indiana
21A-CR-1327
Criminal. Affirms in part the Greene Superior Court’s order that Diana Neeley pay $560 in authorized costs and fees imposed upon her following her conviction of Class B misdemeanor failure to comply with compulsory school attendance law. Reverses the order that Neeley pay $100 for a child abuse prevention fee. Remands this matter with instructions for the trial court to remit to Neeley the $340 remaining from her bail deposit after payment of the $560 in authorized fees and costs.

Daniel T. Elifritz v. State of Indiana (mem. dec.)
21A-CR-1069
Criminal. Affirms Daniel T. Elifritz’s convictions for Level 6 felony possession of methamphetamine, Class B misdemeanor possession of marijuana and Class C misdemeanor possession of paraphernalia. Finds the Bartholomew Superior Court did not err in the admission of evidence.

Brian David Coles, Jr. v. State of Indiana (mem. dec.)
21A-CR-1097
Criminal. Affirms Brian David Coles, Jr.’s conviction for unlawful possession of a firearm by a serious violent felon. Finds sufficient evidence to prove his conviction.

Marcus T. Govan, Sr. v. State of Indiana (mem. dec.)
21A-PC-1271
Post-conviction relief. Affirms the denial of Marcus T. Govan, Sr.’s petitions for post-conviction DNA testing and for post-conviction relief. Finds the post-conviction court did not err in denying Govan’s petition for post-conviction DNA testing; did not err in denying Govan’s petition without an evidentiary hearing under Rule 1(9)(b); or in finding that his trial counsel was not ineffective.

A.W. v. L.S. and A.S. (mem. dec.)
21A-AD-1641
Adoption. Affirms the Hamilton Superior Court’s denial of A.W.’s motion to contest the adoption of her two children and certified its order as a final judgment, pursuant to Indiana Trial Rule 54(B). Finds the evidence does not point unerringly to a conclusion opposite that reached by the trial court and leaves the adoption order undisturbed.

Michael J. Poe v. State of Indiana (mem. dec.)
21A-CR-1916
Criminal. Reverses and remands with instructions the Kosciusko Superior Court’s calculation of Michael J. Poe’s credit time at sentencing. Holds that the trial court erred by not applying Poe’s credit time toward his aggregate sentence in two consecutive sentences. Remands to the trial court with instructions to grant Poe the total credit time accrued during presentence incarceration in both causes and to deduct that credit time from the aggregate of Poe’s consecutive sentences in F6-215 and F6-216.

Jeffrey Lynn Edwards, Jr. v. State of Indiana (mem. dec.)
21A-CR-1929
Criminal. Affirms the revocation of Jeffrey Lynn Edwards, Jr.’s placement in community corrections and the imposition of his previously suspended sentence. Holds that the trial court did not abuse its discretion by revoking Edwards’ placement in community corrections and imposing his previously suspended sentence.