Opinions Sept. 1, 2023

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The following 7th Circuit Court of Appeals opinion was posted after IL deadline on Thursday:
National Police Association, Inc. v. Gannett Co., Inc., et al.
22-1639
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Robert L. Miller Jr.
Civil. Affirms the dismissal of the National Police Association’s defamation complaint against the Indianapolis Star and The Associated Press, and declines to certify questions to the Indiana Supreme Court. Finds the duty alleged by the NPA lacks doctrinal support.

Friday opinions
Court of Appeals of Indiana
Santana J. Gray v. State of Indiana (mem. dec.)
22A-PC-1992
Post-conviction relief. Affirms the Marion Superior Court’s denial of Santana Gray’s post-conviction relief petition. Finds no error.

Danny J. Clark v. State of Indiana (mem. dec.)
22A-CR-1423
Criminal. Affirms Danny Clark’s convictions of murder, Level 4 felony arson, Level 6 felony abuse of a corpse, Level 6 felony residential entry, Level 6 felony auto theft and Class A misdemeanor invasion of privacy. Finds the Pulaski Circuit Court did not abuse its discretion by admitting evidence of Clark’s prior threats. Also finds Clark knowingly waived his rights before confessing, and his confession was voluntary and not the product of any improper influence. Finally, finds sufficient evidence to sustain Clark’s murder conviction.

Adrianna Padilla v. Christopher C. Weddle-Meekins (mem. dec.)
22A-JP-3000
Juvenile paternity. Affirms the Bartholomew Circuit Court’s order regarding Christopher Weddle-Meekins’ parenting time with his minor child and child support. Finds Adrianna Padilla’s argument regarding child support is waived. Also finds the trial court did not abuse its discretion when it awarded Weddle-Meekins unsupervised parenting time under the guidelines without ordering a home study or drug testing.

Aundre Dix v. State of Indiana (mem. dec.)
23A-CR-342
Criminal. Affirms Audre Dix’s convictions for Level 5 felony sexual misconduct and Level 6 felony official misconduct. Finds the Marion Superior Court did not abuse its discretion when it denied Dix’s request for a continuance. Also finds Dix’s two convictions do not violate Indiana’s substantive protections against double jeopardy.

Alejandro Leon Barroso v. State of Indiana (mem. dec.)
23A-CR-264
Criminal. Affirms Alejandro Leon Barroso’s murder conviction. Finds there was sufficient evidence to rebut Barroso’s claim of self-defense.

Steven D. Williams v. State of Indiana (mem. dec.)
23A-CR-826
Criminal. Affirms the Madison Circuit Court’s order for Steven Williams to serve 538 days of his previously suspended sentence in the Department of Correction for failing to report to community corrections. Finds the trial court did not err.

Corey R. Lambert v. State of Indiana (mem. dec.)
23A-CR-190
Criminal. Affirms Corey Lambert’s 16-year sentence following his conviction of Level 3 felony possession of methamphetamine within 500 feet of a public park. Finds Lambert’s sentence is not inappropriate given the nature of his offense and his extensive criminal history.

John W. Keller v. State of Indiana (mem. dec.)
23A-CR-557
Criminal. Affirms John Keller’s convictions of Level 2 felony dealing in methamphetamine and Level 2 felony conspiracy to commit dealing in methamphetamine, but reverses his sentence of 40 years, with 12 years suspended to probation. Finds no double jeopardy violation. Also finds the Daviess Superior Court erred in sentencing Keller. Remands for resentencing.

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