Opinions Oct. 7, 2020

The following 7th Circuit Court of Appeals opinions were posted after IL deadline Tuesday:
Indiana Vote by Mail, Inc. v. Paul Okeson
20-2605
Appeal from the United States District Court for the Southern District of Indiana, Judge James P. Hanlon.
Civil Plenary. Affirms the district court’s order denying an injunction against an Indiana election law, which would permit “no-excuse” absentee voting in the Nov. 3 general election. Finds Indiana’s absentee voting limitation do not violate the Equal Protection Clause or the 26th Amendment. Senior Judge Kenneth Ripple concurs.

Alfred Bourgeois v. T.J. Watson
20-1891
Civil. Reverses the Southern District Court’s grant of Alfred Bourgeois’ motion to stay his execution, as well as its determination that the government had waived its argument that Bourgeois could not channel his Federal Death Penalty Act claim through the “savings clause” under 28 U.S.C. § 2255(e). Finds that Bourgeois does not meet the stringent requirements for savings-clause eligibility. Thus, his habeas corpus petition under 28 U.S.C. § 2241 is barred. Vacates the stay with instructions for the district court to dismiss the petition.

Wednesday’s opinions
Indiana Court of Appeals
In the Matter of the Termination of the Parent Child Relationship of M.R. (Minor Child), C.R. (Mother) v. Indiana Department of Child Services
20A-JT-1013
Juvenile termiantion. Affirms the involuntary termination of C.R.’s parental rights to her child, M.R. Concludes the Delaware Circuit Court’s determination that termination is in the child’s best interests is supported by clear and convincing evidence.

Javier Thurman v. State of Indiana
19A-CR-3068
Criminal. Affirms Javier Thurman’s convictions of attempted murder, vacates his convictions of two counts each of Level 6 felony pointing a firearm and criminal recklessness, finding them to be lesser included offenses. Remands for the Tipton Circuit Court to enter a new sentencing order, noting Thurman’s aggregate 75-year executed sentence remains intact.

In re the Matter of N.T. (Minor Child) and D.T. (Father) and K.J. (Mother) v. Indiana Department of Child Services (mem. dec.)
20A-JC-502
Juvenile CHINS. Affirms the adjudication of D.T. and K.J.’s minor child, N.T., as a child in need of services. Finds the evidence of N.T.’s severe malnutrition combined with parents’ decision to turn off N.T.’s feeding tube against the medical providers’ orders establishes that N.T.’s physical or mental condition is seriously endangered as a result of parents’ neglect. Finds the same evidence also supports the Marion Superior Court’s finding that the coercive intervention of the court is necessary to ensure that N.T. receives the care and treatment she requires.

T.B. v. State of Indiana (mem. dec.)
20A-JV-852
Juvenile. Affirms the Posey Circuit Court’s denial of T.B.’s motion to set aside his adjudication as a delinquent child for committing what would have been Class C felony child molesting if committed by an adult and order that he register as a sex offender because the appeal fails as a matter of law.

Carl McCormack v. State of Indiana (mem. dec.)
20A-CR-778
Criminal. Affirms the Brown Circuit Court’s denial of Carl McCormack’s verified motion for immediate release. Finds, among other things, that there is ample evidence that the crime occurred in Brown County and that McCormack was in possession of the stolen items in Brown County.

Travon R. Fincher v. State of Indiana (mem. dec.)
20A-CR-813
Criminal. Affirms Travon Fincher’s conviction of felony murder, two counts of Level 1 felony attempted murder, and his adjudication for use-of-firearm. Finds that the Allen Superior Court did not abuse its discretion by denying Fincher’s counsel an opportunity to make an offer of proof; Fincher waived review of whether his constitutional right to confrontation was violated; and the trial court properly admitted a witness’s excited utterance.

In Re: The Estate of Al Katz, Deceased, and Lawrence T. Newman v. Robert W. York (mem. dec.)
20A-ES-140
Estate. Affirms the Marion Superior Court’s award of appellate attorney fees to Robert York, personal representative of the Estate of Al Katz. Finds the trial court properly awarded $167,437.50 in appellate attorney fees pursuant to multiple orders in Appellate Cause No. 2475 and Appellate Cause No. 1721.