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As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowThe following 7th Circuit opinion was posted after IL deadline Wednesday.
John Myers v. Ron Neal
19-3158
Civil. Denies rehearing and rehearing en banc. Amends the opinion to grant remand to the district court to address the two claims Myers advanced under Brady v. Maryland.
Indiana Court of Appeals
Frederick Obryan McFarland v. State of Indiana
20A-CR-808
Criminal. Affirms Frederick McFarland’s aggregate 15-year executed sentence for conviction in Vanderburgh Superior Court of four counts of resisting law enforcement, three as Level 3 felonies and one as a Level 5 felony. Finds McFarland has not shown that his sentence is inappropriate in light of the nature of the offense and his character.
Alexa R. Hamilton v. State of Indiana (mem. dec.)
20A-PC-641
Post conviction. Affirms the denial of Alex Hamilton’s petition for post-conviction relief. Finds her trial counsel’s failure to object in Elkhart Circuit Court was not deficient performance. Also finds Hamilton is unable to show prejudice.
D.L.B. v. State of Indiana (mem. dec.)
20A-JV-713
Juvenile. Affirms D.L.B.’s adjudication in Tippecanoe Superior Court as a delinquent child for committing what would be Level 5 felony battery with a deadly weapon and Class B misdemeanor battery if committed by an adult. Finds D.L.B.’s adjudications do not violate the continuing crime doctrine. Judge Elizabeth Tavitas dissents with a separate opinion and would vacate the misdemeanor adjudication.
Corey S. Mack v. State of Indiana (mem. dec.)
20A-CR-941
Criminal. Affirms Corey Mack’s six-year sentence with four years executed and two years suspended to probation for conviction in Miami Circuit Court of Level 5 felony possession of methamphetamine. Finds Mack has not shown that his sentence is inappropriate in light of the nature of the offense and his character.
J.R. v. State of Indiana (mem. dec.)
19A-JV-3026
Juvenile. Affirms the Brown Circuit Court’s placement of J.R. in the Department of Correction after he admitted to violating probation, leaving home without permission, and committing acts that would have been Level 6 felony residential entry and theft of a firearm if committed by an adult. Finds that the juvenile court did not err in ordering that J.R. be committed to the DOC.
Jeffrey Sparks v. State of Indiana (mem. dec.)
20A-CR-986
Criminal. Affirms the Union Circuit Court’s order revoking Jeffrey Sparks’ probation and order that he serve two years of his previously suspended sentence. Finds that the trial court properly advised Sparks of his right to counsel and that he knowingly and intelligently waived this right.
William Stillwell and Penelope Stillwell v. Cohen & Malad LLP, Irwin B. Levin, Gregory L. Laker, Daniel S. Chamberlain, and Does 1 through 7, inclusive (mem. dec.)
19A-CT-2814
Civil tort. Grants William and Penelope Stillwell’s petition for rehearing, but in so doing, reaffirms its original opinion in all respects. Finds the Stillwells were not denied any opportunity to raise the issue or argument in their original brief. Instead, finds they may not retroactively advance a justification for a longer statute of limitations.
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