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As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowThe following 7th Circuit Court of Appeals opinion was posted after IL deadline Thursday:
United States of America v. Roberto Cruz-Rivera
22-1325
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Tanya Walton Pratt.
Affirms Roberto Cruz-Rivera’s sentence of 3 1/2 years imprisonment and five years of supervised release for failing to register as a sex offender. Finds the district court did not err in imposing a challenged supervised release condition.
Friday opinions
Court of Appeals of Indiana
Patrick Hinton v. State of Indiana
23A-CR-107
Criminal. Reverses Patrick Hinton’s convictions for Level 6 possession of methamphetamine and Class C possession of paraphernalia in the Cass Superior Court. Finds nothing in the record demonstrates probable cause that an officer had plainly viewed evidence of a crime prior to his entry onto Hinton’s property.
Kamarion Antonio Moody v. State of Indiana (mem. dec.)
22A-CR-2672
Criminal. Affirms Kamarion Moody’s convictions and sentence for murder, Level 1 attempted murder and two counts of Level 5 criminal recklessness. Finds the Hendricks Circuit Court did not abuse it discretion when it admitted nine challenged exhibits. Also finds the trial court did not commit fundamental error when it did not sua sponte prohibit the state from discussing or eliciting testimony. Finally, finds Moody’s sentence is not inappropriate in light of the nature of the offenses and his character.
John Loren Williams v. State of Indiana (mem. dec.)
22A-CR-1682
Criminal. Affirms John Williams’ convictions for murder and Level 3 aggravated battery and his adjudication as a habitual offender. Finds the Porter Superior Court did not abuse its discretion by admitting Facebook messages under the co-conspirator exception to the hearsay rules. Also finds Williams’ convictions for felony murder and aggravated battery did not violate the prohibition against double jeopardy.
Christopher K. Bell v. State of Indiana (mem. dec.)
23A-CR-244
Criminal. Affirms the finding that Christopher Bell is a habitual offender. Finds there was sufficient evidence from which the Vanderburgh Superior Court could have found beyond a reasonable doubt that Bell was a habitual offender.
In the Matter of: A.G. (Minor Child), J.G. (Father) and R.G. (Mother) v. Indiana Department of Child Services (mem. dec.)
23A-JC-338
Juvenile CHINS. Affirms A.G.’s adjudication as a child in need of services. Finds the Vigo Circuit Court’s findings regarding J.G.’s housing instability, domestic violence with R.G. and substance abuse issue were supported by the evidence. Also finds the trial court’s finding the J.G. had not contacted DCS was not supported by the evidence, but that finding was superfluous and not a reason to reverse the CHINS adjudication. Also finds the trial court’s findings regarding R.G.’s housing instability, mental health and substance abuse issues, and domestic violence issues with J.G. were supported by the evidence. Also finds the trial court’s findings supported its conclusions that the child’s physical or mental condition is seriously impaired or endangered by J.G.’s action or inaction. Finally, finds the trial court’s findings supported its conclusions that the child’s physical or mental condition is seriously impaired or endangered by R.G.’s action or inaction.
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