Opinions July 2, 2024

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The following opinions were published after IL’s deadline Monday:
United States of America v. Anthony Day
23-2311
Criminal. Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Judge Jon DeGuilio. Affirms the district court’s denial of a unanimity instruction that would have required jurors to agree on which of two weapons Anthony Day possessed for purposes of an 18 U.S.C. § 922(g)(1) charge. Also affirms Day’s convictions for one count of bank robbery, one count of brandishing a firearm during a crime of violence and one count of being a felon in possession of a firearm. Finds Day’s possession of the American Tactical cannot be separated from his possession of the silver revolver on Oct. 8, 2019.  Also finds the jury was unanimous in finding that Day—a felon—unlawfully possessed a firearm and that is sufficient.

United States of America v. Jerome D. Ford
23-1830
Criminal. Vacates the payment condition of Jerome Ford’s prison sentence  which reads “If this judgment imposes a fine or restitution, it is a condition of supervised release that the defendant pay in accordance with the Schedule of Payments sheet of this judgment.”

Tuesday opinions
Indiana Court of Appeals
Micah Henson v. State of Indiana
23A-CR-2550
Criminal. Affirms Micah Henson’s convictions in Morgan Superior Court for two counts of Level 4 felony child molesting. Finds Henson’s convictions for two separate acts of child molesting do not constitute double jeopardy and he is not being punished twice for the same offense.

 

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