Opinions Oct. 17, 2023

The following 7^th Circuit Court of Appeals opinion was posted after IL deadline Monday:
United States of America v. Elvis C. Medrano
22-3219
Appeal from the U.S. District Court for the Southern District of Indiana, Indianapolis Division. Judge James Patrick Hanlon.
Criminal. Affirms Elvis Medrano’s conviction of conspiracy to possess with intent to distribute controlled substances. Finds any error in the admission of a challenged exhibit was harmless.

Tuesday opinions
Court of Appeals of Indiana
Russell G. Finnegan v. State of Indiana
23A-MI-442
Miscellaneous. Reverses the Pulaski Circuit Court’s finding that Russell Finnegan was in indirect criminal contempt of court. Finds the trial court abused its discretion in failing to act on Finnegan’s notice of intent to file an insanity defense and appoint medical personnel to evaluate his mental health and testify at his criminal contempt hearing. Remands for further proceedings.

Brandon L. Jones v. State of Indiana (mem. dec.)
22A-PC-2567
Post-conviction relief. Affirms the Allen Superior Court’s denial of Brandon Jones’ post-conviction relief petition. Finds Jones failed to meet his burden of showing that the post-conviction court erred.

Michael O’Brien v. State of Indiana (mem. dec.)
23A-CR-49
Criminal. Affirms Michael O’Brien’s convictions of two counts of Level 5 felony intimidation, Level 6 felony killing a domestic animal and Class A misdemeanor domestic battery. Finds O’Brien explicitly did not object to the admission of State’s Exhibit 53. Also finds the Marion Superior Court failed to enter a judgment of conviction and a sentence for O’Brien’s Class A misdemeanor domestic battery conviction. Remands with instructions to enter judgment of conviction and sentence for that conviction.

In the Termination of the Parent-Child Relationship of: Ka.A. and Ko.A. (Minor Children) B.A. (Mother) and B.A. (Father) v. Indiana Department of Child Services (mem. dec.)
23A-JT-151
Juvenile terminal of parental rights. Affirms the Madison Circuit Court’s termination of mother Bl.A. and father Br.A.’s parental rights to Ka.A. and Ko.A. Finds clear and convincing evidence supports the trial court’s judgment.

Darren Adrian Ferguson v. State of Indiana (mem. dec.)
23A-CR-1307
Criminal. Affirms Darren Adrian Ferguson’s 15-year sentence for Level 2 felony voluntary manslaughter. Finds Ferguson has not carried his heavy burden of persuading the appellate court that his below-advisory sentence is inappropriate.

Karen Ellen Fielder v. State of Indiana (mem. dec.)
23A-CR-1264
Criminal. Affirms the denial of Karen Fielder’s petition for post-conviction relief. Finds the Hamilton Superior Court properly determined that Fielder failed to demonstrate her counsel’s performance was deficient.

Kayla Lynn Eikenberry v. Michael Joseph Young (mem. dec.)
23A-DC-1023
Domestic relations with children. Affirms the Hamilton Superior Court’s order modifying Michael Young’s child support obligation and the denial of Kayla Eikenberry’s motion for rule to show cause. Finds the trial court did not abuse its discretion when it modified Young’s child support obligation or when it did not find him in contempt of the dissolution decree.

In the Termination of the Parent-Child Relationship of: I.Z. (Minor Child), and M.J. (Mother) v. Indiana Department of Child Services (mem. dec.)
23A-JT-1198
Juvenile termination of parental rights. Affirms the involuntary termination of mother M.J.’s parental rights to her child, I.Z. Finds the Lake Superior Court did not clearly err in finding a reasonable probability exists that the conditions resulting in I.Z.’s removal and the reasons for placement outside M.J.’s care will not be remedied. Also finds the trial court’s determination that termination is in I.Z.’s best interests is supported by clear and convincing evidence.