Opinions July 31, 2019

The following 7th Circuit Court opinion was posted after IL deadline Tuesday.
USA v. Douglas Jackson
15-3693
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Robert L. Miller, Jr.
Criminal. Vacates Douglas Jackson’s and Antwon Jenkins’ conviction of using or carrying a firearm to commit a federal crime of violence and remands for resentencing. Finds §924(c)(3)(B) is unconstitutionally vague pursuant to the United States Supreme Court’s ruling in light of its decision in Sessions v. Dimaya, 138 S. Ct. 1204 (2018).

Indiana Court of Appeals
Kevin L. Martin v. Richard Brown, et al.
19A-PL-550
Civil plenary. Affirms the dismissal with prejudice of Kevin Martin’s constitutional complaint against Richard Brown, B. Hinton, J. Meek and Makenzy Gilbert. Finds Martin failed to comply with several Rules of Appellate Procedure, so the Court of appeals is unable to address his arguments.

Reid Cowan v. Robert E Carter, et al.
19A-MI-00402
Miscellaneous. Affirms the Allen Superior Court order dismissing Reid Cowan’s petition for habeas corpus asserting the Indiana Department of Correction is unlawfully subjecting him to lifetime parole. Finds the DOC is not unlawfully subjecting Cowan to lifetime parole because he is required to register as a sexually violent predator by operation of law.

Lola M Sells v. State of Indiana
18A-CR-02691
Criminal. Affirms Lola Sells’ conviction of Level 3 felony dealing methamphetamine. Finds Sells has not preserved her double-jeopardy argument for review and rejects her claim of prosecutorial misconduct. Also finds Franklin County was a proper venue.

Quintin D.E. Davis v. State of Indiana
19A-CR-631
Criminal. Affirms Quintin Davis’ conviction of Class A misdemeanor domestic battery. Finds the Delaware Circuit Court did not abuse its discretion in denying Davis’ request for a public defender.

In Re the Marriage of: Travis Edwards v. Valerie Edwards
19A-DR-509
Domestic relation. Affirms the Hamilton Superior Court’s partial denial of Travis Edwards’ motion for relief from judgement. Finds the trial court had subject matter jurisdiction to enter the challenged order and, therefore, Edwards failed to demonstrate prima facie error as a result of the trial court’s partial denial of his motion for relief from judgment.

Shannon W. Kester v. State of Indiana (mem. dec.)
19A-CR-293
Criminal. Affirms Shannon Kester’s convictions of Level 6 felony resisting law enforcement and Class C misdemeanor reckless driving. Finds there is sufficient evidence to support his convictions.

Philip Cazallis v. State of Indiana (mem. dec.)
19A-CR-37
Criminal. Affirms Philip Cazallis’ aggregate 455-day sentence for conviction of Class A misdemeanor operating a vehicle while intoxicated endangering a person and Class B misdemeanor disorderly conduct. Finds Cazallis’ sentence was not inappropriate given the nature of the offenses and his character.

Gregory Johnson v. State of Indiana (mem. dec.)
19A-PC-277
Post conviction. Affirms the denial of Gregory Johnson’s petition for post-conviction relief. Finds Johnson did not receive ineffective assistance of counsel.

YES! Automotive, Inc., and Brad Hoffer v. Jessica Roach (mem. dec.)
19A-SC-601
Small claims. Affirms the Allen Superior Court’s judgment in favor of Jessica Roach in the amount of $3,639.41 against car dealership Yes Automotive Inc. and dealership owner Brad Hoffer. Finds sufficient evidence supports that the dealership committed fraud against Roach.

Randolph Bazile v. State of Indiana (mem. dec.)
19A-CR-493
Criminal. Affirms Randolph D. Bazile’s concurrent two-year and 180-day sentences for conviction of Level 6 felony possession of a synthetic drug or synthetic drug lookalike substance and Class B misdemeanor public intoxication. Finds his sentence is not inappropriate in light of the nature of the offense and his character.

Jarvice Sears v. State of Indiana (mem. dec.)
19A-CR-478
Criminal. Affirms Jarvice Sears’ aggregate 59-year sentence for conviction of Level 2 felony attempted robbery and four counts of Level 3 felony attempted robbery. Finds his sentence is not inappropriate in light of the nature of the offenses and Sears’ character.

T.M. v. State of Indiana (mem. dec.)
19A-JV-602
Juvenile. Affirms the St. Joseph Probate Court’s modification order placing juvenile T.M. in the Indiana Department of Correction. Finds the trial court acted within its discretion.

N.S. v. State of Indiana (mem. dec.)
19A-JV-165
Juvenile. Affirms the Blackford Circuit Court’s denial of juvenile N.S.’s motion to correct error following his adjudication as a delinquent child for having committed what would have constituted Level 5 felony intimidation if committed by an adult. Finds the juvenile court appropriately denied N.S.’s motion to correct error based on new evidence.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of: S.R. and D.R. (Minor Children) and A.F. (Mother) and R.R. (Father) v. Indiana Department of Child Services (mem. dec.)
19A-JT-554
Juvenile termination. Affirms the Wayne Superior Court’s order terminating A.F. and R.R.’s parental rights to their minor children S.R. and D.R. Concludes that the trial court’s findings were supported by the evidence and that, therefore, its order was not clearly erroneous.

Richard R. Beck, Sr. v. Indiana Parole Board (mem. dec.)
19A-MI-525
Miscellaneous. Affirms the denial of Richard Beck Sr.’s verified petition for writ of habeas corpus. Finds the Miami Circuit Court did not err in denying his Beck’s petition. Finds his sentence does not violate the prohibition against double jeopardy.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of Al.K. (Minor Child) and A.K. (Mother) v. The Indiana Department of Child Services (mem. dec.)
19A-JT-249
Juvenile termination. Affirms the involuntary termination of mother A.K.’s parental rights to her child Al.K. Finds the Delaware Circuit Court did not commit clear error in concluding that there is a reasonable probability that the conditions that resulted in Al.K.’s removal or the reasons for placement outside the home will not be remedied.

Joshua Adam Anderson v. State of Indiana (mem. dec.)
18A-CR-2599
Criminal. Affirms Joshua Anderson’s murder conviction. Finds the Marion Superior Court did not abuse its discretion by admitting certain evidence or commit fundamental error by inadvertently failing to collect an exhibit that was passed out to the jury and failing to give a reasonable theory of innocence instruction. However, finds his sentencing order does not correctly reflect that the jury found Anderson not guilty of two counts with which he was charged, and remands for correction of the sentencing order.

Roderick Nelson v. State of Indiana (mem. dec.)
19A-CR-218
Criminal. Affirms Roderick Nelson’s 58-year executed sentence for conviction of Level 3 felony armed robbery enhanced by his status as a habitual offender, Level 6 felony residential entry and two counts of Level 4 felony unlawful possession of a firearm by a serious felon. Finds his sentence is not inappropriate in light of the nature of the offenses or his character.