Opinions July 14, 2020

The following 7^th Circuit Court of Appeals opinions were posted after IL deadline on Monday:
Raymond Marling v. Richard Brown
19-3077
Appeal from the United States District Court for the Southern District of Indiana, Terre Haute Division. Judge James R. Sweeney II.
Civil. Reverses the Southern District Court’s grant of habeas corpus relief to Raymond Marling, and its conclusion that the state court’s finding against him had been rebutted by clear and convincing evidence. Finds the officer who opened and inventoried the contents of a box found in Marling’s vehicle acted within the scope of discretion granted by General Order 49. Also finds that Marling’s counsel did not violate the Sixth Amendment.

USA v. Airrion S. Blake
19-2508
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Senior Judge Joseph S. Van Bokkelen.
Affirms Airrion Blake’s 36-month sentence and restitution order of $149,358 in a tax fraud scheme. Finds the Northern District Court did not commit reversible error in calculating a sentencing guidelines range. Because Blake agrees that his ineffective assistance of counsel claim is better raised on collateral review, dismisses that claim without prejudice.

Tuesday’s opinions
Indiana Court of Appeals
Annette McDaniel v. Joe McDaniel
19A-DR-2983
Domestic relation. Affirms the Dearborn Superior Court’s denial of Annette McDaniel’s request to relocate, which she sought prior to the modification of the physical and legal custody of her minor child. Finds neither clear error nor an abuse of discretion in the trial court’s modification order. Declines to address the relocation issue on grounds of mootness.

K.H. v. State of Indiana (mem. dec.)
20A-JV-129
Juvenile. Affirms the juvenile court’s modification of disposition order committing K.H. to the Indiana Department of Correction. Finds it was not erroneous for the Elkhart Circuit Court to modify K.H.’s disposition by placing him in the DOC.

T.W. v. State of Indiana (mem. dec.)
19A-JV-3028
Juvenile. Affirms T.W.’s delinquency adjudication for conduct amounting to Level 5 felony robbery and Class A misdemeanor dangerous possession of a firearm if committed by an adult. Finds no abuse of discretion in the Allen Superior Court’s decision to place T.W. in the DOC with a special request for placement in Pendleton’s juvenile facility.

In the Matter of the Marriage of: Joni Popejoy v. David Popejoy (mem. dec.)
19A-DR-2887
Domestic relation. Affirms the Pulaski Circuit Court’s order modifying child custody, parenting time, and child support between Joni Popejoy and David Popejoy. Finds that the trial court did not abuse its discretion when it denied Joni’s motion to continue the custody hearing to give her time to obtain counsel. Nor did the trial court abuse its discretion when it modified child custody, parenting time, and child support.

Erica D. Hemmingway v. State of Indiana (men. dec.)
19A-CR-1204
Criminal. Affirms Erica Hemmingway’s 38-year sentence with three years suspended to probation for conviction of child molestation. Finds her sentence imposed in Washington Circuit Court is not inappropriate.

Gary A. Jackson, Sr. v. Christina C. Jackson, et al., and State of Indiana (mem. dec.)
20A-DR-40
Domestic relation. Affirms the Monroe Circuit Court’s denial of Gary Jackson Sr.’s motion to recalculate his child support arrearage. Finds that calculation of the arrearage to be undisputedly correct.

Larry D. Spivey Jr. v. State of Indiana (mem. dec.)
19A-CR-1687
Criminal. Affirms Larry D. Spivey Jr.’s murder conviction. Finds sufficient evidence to support the conviction in Marion Superior Court.

Alvin Perkins v. State of Indiana (mem. dec.)
19A-CR-2302
Criminal. Affirms Alvin Perkins’ murder conviction. Finds the Marion Superior Court did not abuse its discretion in declining to give the proposed instruction on reckless homicide.