Opinions July 24, 2023

The following 7^th Circuit Court of Appeals opinion was published after IL deadline Friday:
United States of America v. Terrance Brown
22-1192
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Judge Philip P. Simon.
Criminal. Affirms Terrance Brown’s sentence to 15 years in prison for bank robbery as a career offender. Finds a pre-2013 conviction of Illinois vehicular hijacking is a crime of violence under the elements clause of U.S. Sentencing Guidelines § 4B1.2(a).

Monday opinions
Court of Appeals of Indiana
Angela Santos v. Franciscan Health
22A-EX-2611
Agency action. Reverses the dismissal of Angela Santos’ application for adjustment of claim. Finds the full Worker’s Compensation Board of Indiana erred when it dismissed Santos’ claim. Remands for further proceedings.

Frederico Allen Conn v. State of Indiana (mem. dec.)
22A-CR-2170
Criminal. Affirms Frederico Allen Conn’s conviction for possession of methamphetamine. Finds Conn failed to object to a challenged jury instruction at the trial level, and he did not show that the instruction resulted in fundamental error.

Timothy Deshay Blackwell v. State of Indiana (mem. dec.)
22A-CR-2677
Criminal. Affirms the Hendricks Circuit Court’s denial of Timothy Deshay Blackwell’s motion to suppress a statement he gave to police following his arrest. Finds Blackwell’s arrest was supported by probable cause, and the trial court did not err in denying Blackwell’s request to suppress his post-arrest statements on that basis. Also finds Blackwell was advised of his Miranda rights and voluntarily chose to engage in an interview with police without asserting those rights.

Dennis Curtis Sanders v. State of Indiana (mem. dec.)
23A-CR-419
Criminal. Affirms the Howard Superior Court’s revocation of Dennis Sanders’ probation and subsequent sentence to the Indiana Department of Correction. Finds Sanders failed to establish a violation of his due process rights. Also finds the trial court did not abuse its discretion when it denied Sanders’ motion to continue. Finally, finds the trial court did not abuse its discretion by revoking Sanders’ probation and ordering him to serve his previously suspended sentence.

Natasha D. Hoffman v. State of Indiana (mem. dec.)
22A-CR-2241
Criminal. Affirms the sanction the Jefferson Circuit Court imposed on Natasha Hoffman after it revoked the suspended portion of her sentence. Finds the trial court did not abuse its discretion when it ordered Hoffman to serve the suspended portion of her sentence as executed time after finding she violated her probation.

Antonio West v. State of Indiana (mem. dec.)
22A-CR-1469
Criminal. Affirms Antonio West’s conviction for felony murder and an enhancement for the use of a firearm. Finds the Lake Superior Court did not abuse its discretion by denying the motions for mistrial or by admitting statements made during a police interrogation, and any error in the admission of the statements is harmless.

Joshua Andrew Treadwell v. State of Indiana (mem. dec.)
22A-CR-1857
Criminal. Affirms Joshua Andrew Treadwell’s conviction and 75-year sentence for murder and a firearm enhancement. Finds the admission of Detective Norman Rayford’s testimony did not amount to reversible error. Also finds the evidence is sufficient to overcome Treadwell’s self-defense claim. Finally, finds the Madison Circuit Court did not abuse its discretion as to aggravators and mitigators, and Treadwell’s sentence is not inappropriate.

Quami Mingle v. State of Indiana (mem. dec.)
22A-CR-1928
Criminal. Affirms Quami Mingle’s convictions of Level 2 felony robbery but reverses his conviction of Level 6 felony theft. Also affirms the Tippecanoe Superior Court’s decisions to hold Mingle to the waiver of his jury trial right and to deny Mingle’s request to proceed pro se. Finds the state presented sufficient evidence to support Mingle’s robbery conviction, but his theft conviction is a lesser-included offense. Remands with instructions to vacate the theft conviction and its corresponding concurrent sentence.

Christopher M. Chism v. State of Indiana (mem. dec.)
22A-CR-2750
Criminal. Affirms the Washington Circuit Court’s denial of Christopher Chism’s motion to withdraw his guilty plea for felony intimidation and misdemeanor domestic battery. Finds Chism failed to meet his burden of demonstrating the denial of his motion works a manifest injustice.

Scott C. Quick v. Sarah G. Billings (mem. dec.)
22A-DR-2022
Domestic relations. Affirms the Boone Circuit Court’s denial of father Scott Quick’s six motions to show cause; the decision to allow mother Sarah Billings to claim the children for state and federal tax purposes “in lieu of back child support”; the order splitting uninsured medical expenses 50%-50%; and the order for Quick to pay $10,000 of Billings’ $150,000 in attorney fees. Finds the trial court’s findings support its determination that Billings should not be held in contempt for not doing more to make D.Q. spend parenting time with Quick given that Quick himself could’ve done more. Also finds Quick waived the tax issue on appeal. Finally, finds the trial court did not abuse its discretion in splitting the uninsured health care costs, and the trial court’s findings support the order for Quick to pay a portion of Billings’ attorney fees.

Lori Maletta v. Van Ristovski, David Taylor, and Lake County Trust 6292 (mem. dec.)
22A-CT-3090
Civil tort. Affirms the Porter Superior Court’s entry of summary judgment for David Taylor but reverses summary judgment for Van Ristovski. Finds Lori Maletta has not designated evidence to show that she was injured by her reliance on communications with Taylor during 2013 and early 2014. Also finds Maletta’s complaint was timely filed as to Ristovski. Remands for further proceedings.

Chelsie Renee Mann v. State of Indiana (mem. dec.)
23A-CR-567
Criminal. Affirms Chelsie Renee Mann’s sentence to 2½ years executed at the Indiana Department of Correction, with one year suspended, for Level 6 felony operating a vehicle while intoxicated endangering a person. Finds Mann’s sentence is not inappropriate.

Michael Toney v. State of Indiana (mem. dec.)
22A-CR-2961
Criminal. Affirms Michael Toney’s conviction for Class A misdemeanor invasion of privacy. Finds the state presented sufficient evidence to support his conviction.

In the Matter of: K.W., C.W., T.R., and K.R. (Minor Children), K.W. (Mother) v. Indiana Department of Child Services (mem. dec.)
23A-JC-120
Juvenile CHINS. Affirms the Marion Superior Court’s order adjudicating mother K.W.’s children as children in need of services. Finds there was sufficient evidence to support the adjudication.

In the Matter of the Termination of the Parent-Child Relationship of O.R. and O.B. (Minor Children) and B.B. (Mother) v. Indiana Department of Child Services (mem. dec.)
23A-JT-304
Juvenile termination of parental rights. Affirms the termination of mother B.B.’s parental rights to O.R. and O.B. Finds the juvenile court’s findings support its conclusion that there was not a reasonable probability that the conditions that resulted in the children’s removal from mother’s care would be remedied. Also finds the evidence is sufficient to support the juvenile court’s determination that termination of mother’s parental rights is in the children’s best interests.

In the Involuntary Termination of the Parent-Child Relationship of: S.N. (Minor Child) and R.N. (Father) v. Indiana Department of Child Services (mem. dec.)
23A-JT-346
Juvenile termination of parental rights. Affirms the Scott Superior Court’s involuntary termination of father R.N.’s parental rights. Finds the trial court did not clearly err in finding that a reasonable probability exists that the conditions resulting in S.N.’s removal and the reasons for placement outside father’s care will not be remedied. Also finds the trial court’s determination that termination is in S.N.’s best interests is supported by clear and convincing evidence.

Angela Y. Smith, and Dylan Williams and $11,180 in United States Currency v. State of Indiana (mem. dec.)
22A-MI-2910
Miscellaneous. Affirms the Marion Superior Court’s order authorizing the forfeiture of $11,180 in United States currency that the state seized during a search of Dylan Williams’s apartment. Finds Angela Smith, who moved to intervene, hasn’t shown a mistake has been made.

Justin Alexander v. State of Indiana (mem. dec.)
22A-PC-1612, 22A-PC-1621, 22A-PC-1622
Post-conviction relief. Affirms the denial of Justin Alexander’s petition for post-conviction relief following his convictions of Class B felony burglary with a habitual offender enhancement, Class B felony robbery with a habitual offender enhancement, Class B felony unlawful possession of a firearm by a serious violent felon, Class C felony receiving stolen auto parts, Class D felony resisting law enforcement and Class A misdemeanor resisting law enforcement with another habitual offender enhancement, and his aggregate 62-year sentence. Finds res judicata precludes Alexander’s claims that the state presented insufficient evidence to support his burglary conviction; that the Allen Superior Court abused its discretion in allowing the state to add a habitual offender enhancement to each cause; that the trial court abuse its discretion at sentencing; and that his sentence is inappropriate. Also finds Alexander’s remaining freestanding claims of trial court error are waived. Finally, finds Alexander has failed to establish that his trial and appellate counsel were ineffective.