Opinions June 16, 2023

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Thursday:

United States of America v. James E. Snyder
21‐2986
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Judge Matthew Kennelly.
Criminal. Affirms James Snyder’s convictions of bribery and obstructing federal revenue laws. Finds Snyder’s Fourth and Sixth Amendment rights weren’t violated when the government got access to his email accounts. Also finds prosecution of the obstruction charge wasn’t barred by the statute of limitations and that there was sufficient evidence. Finally, finds Snyder’s rights to a speedy trial weren’t violated by the delay between the first and second trials for bribery, that 18 U.S.C. § 666 doesn’t require evidence of a prior quid pro quo agreement, and that there was sufficient evidence for conviction.

Court of Appeals of Indiana

Michael Buehler v. Martin Bocanegra III and Julie Bocanegra
22A-CT-2568
Civil tort. Affirms the Vanderburgh Circuit Court’s judgment. Finds the trial court did not err in granting Martin and Julie Bocanegras’ summary judgment motion. Found the material facts of the case do not establish the second part of the two-part test for determining a landlord’s liability for the acts of the tenant’s dog.

Greg and Robin Shinall v. Board of Zoning Appeals for Town of Ogden Dunes, Indiana; David and Cheryl Tarpo
22A-PL-3098
Civil plenary. Reverses Porter Superior Court’s grant of the motion to dismiss Greg and Robin Shinall petition for judicial review in favor of David and Cheryl Tarpo and the Board of Zoning Appeals for the Town of Ogden Dunes. Finds the trial court erred in granting the defendants’ motion to dismiss. Remands for further proceedings. Judge Patricia Riley dissents with a separate opinion.

Carlie S. Lamb v. State of Indiana (mem. dec.)
22A-CR-3032
Criminal. Affirms Carlie Lamb’s Level 5 felony battery by means of a deadly weapon conviction. Reverses and remands for the trial court to vacate only the Level 6 felony battery resulting in moderate bodily injury. Finds the Level 5 felony conviction alone justifies the penalty imposed. Instructs the trial court to leave in place the four-year sentence for the level 5 felony conviction.

Jeremy A. Falk v. State of Indiana (mem. dec.)
22A-CR-1872
Criminal. Affirms Jeremy Falk’s conviction for molesting his daughter and his 12-year sentence. Finds the incredible dubiosity rule does not apply to H.F.’s testimony and that Falk’s sentence is not inappropriate.

Shannon Kay Richardson v. State of Indiana (mem. dec.)
22A-CR-2502
Criminal. Affirms Shannon Richardson’s sentence of six years with four years executed in the Indiana Department of Correction and two years suspended to probation. Finds Richardson’s sentence is not inappropriate.

Marie Ann Polston v. State of Indiana (mem. dec.)
22A-CR-2621
Criminal. Affirms the Marion Superior Court’s order revoking Marie Polston’s community corrections commitment and probation. Finds the trial court did not abuse its discretion.

Brad W. Widener v. State of Indiana (mem. dec.)
22A-CR-2713
Criminal. Affirms the Ripley Circuit Court’s finding that Brad Widener violated his probation and revocation of his almost three years of his previously suspended sentence. Finds the trial court did not abuse its discretion.

Justin A. Warren v. State of Indiana (mem. dec.)
22A-CR-1653
Criminal. Dismisses Justin Warren’s appeal of his five-year sentence for Level 5 felony robbery. Finds Warren waived his right to appellate review of his sentence when he entered into a written plea agreement.

In Re: The Termination of the parent-Child Relationship of Tah.O., Tay.O, Tav.O., and Tal.O (Minor Children); T.T. (Father) v. The Indiana Department of Child Services (mem. dec.)
22A-JT-2106
Juvenile termination of parental rights. Affirms Grant Superior Court’s judgment. Finds there is sufficient evidence to support the terminations of T.T.’s parent-child relationship with his four children.