Opinions Sept. 7, 2023

The following 7^th Circuit Court of Appeals opinion was posted after IL deadline on Wednesday:
United States of America v. Tyree J. White
21-2296
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Jane Magnus-Stinson.
Criminal. Vacates Tyree White’s sentence to an aggregate of nine years for his convictions of three counts of conspiracy to commit robbery and one count of conspiracy to commit armed bank robbery. Finds White’s nine-year sentence on the bank robbery conspiracy conviction far exceeds the applicable statutory minimum. Also finds the application of one enhancement, but not a second, was proper. Finally, finds the improper enhancement was harmless error. Remands for resentencing on the bank robbery conspiracy count, with the option to revisit the entire sentence.

Thursday opinions
Court of Appeals of Indiana
Connie Ehrlich, et al. v. Moss Creek Solar, LLC, and the Pulaski County Council
22A-PL-1732
Civil plenary. Affirms the Pulaski Superior Court’s order confirming a resolution by the Pulaski County Council that created an Economic Revitalization Area and approved a tax abatement for a proposed commercial solar development by Moss Creek Solar. Finds the remonstrators have standing, but their argument under the applicable statute fails.

Connie Ehrlich, et al. v. Starke Solar, LLC d/b/a Mammoth Solar, and the Pulaski County Council
22A-PL-1738
Civil plenary. Affirms the Pulaski Superior Court’s order upholding a designation by the Pulaski County Council of approximately 9,205 acres in Pulaski County as an Economic Revitalization Area and the approval of a tax abatement for that property. Finds the remonstrators have standing, but as a matter of law, the farmland at issue met the definition required to be declared an ERA.

David Yount and Susan Yount v. Carpenter Co. Inc. d/b/a Carpenter Realtors, Janet Stitt, and Patsy L. Coffey
23A-PL-116
Civil plenary. Reverses the order for David and Susan Yount to pay $900 to Carpenter Realtors and two of its realtors, Janet Stitt and Patsy L. Coffey, after the Younts objected to multiple discovery requests. Finds the objections were substantially justified and entirely appropriate.

Calvin Carl Edward Burton v. State of Indiana
23A-CR-526
Affirms Calvin Burton’s conviction of Level 6 felony dealing in marijuana. Finds the Cass Circuit Court questioned the prospective jurors about prejudicial comments and received confirmation from each that they could set aside the comments and render a fair and impartial verdict, so there was no reversible error.

Montrez McMath v. State of Indiana (mem. dec.)
23A-CR-8
Criminal. Affirms the denial of Montrez L. McMath’s motion to dismiss charges against him under Indiana Criminal Rule 4(C). Finds the first part of a four-month period of delay was attributable either to COVID-19 or McMath’s acquiescence, but the last part was attributable to his failure to object when the Marion Superior Court set a trial outside the one-year period.

Jason E. Trowbridge v. State of Indiana (mem. dec.)
23A-CR-763
Criminal. Reverses the order for Jason Trowbridge to pay $72,019.95 in restitution. Finds the evidence does not support the Noble Circuit Court’s calculations. Remands for a new restitution hearing.

In re the Termination of the Parent-Child Relationship of D.F. (Minor Child) and R.F. (Mother) R.F. (Mother) v. Indiana Department of Child Services (mem. dec.)
23A-JT-884
Juvenile termination of parental rights. Affirms the termination of mother R.F.’s parental rights. Finds the Bartholomew Circuit Court did not err when it concluded there is a reasonable probability that the conditions leading to child D.F.’s removal will not be remedied. Also finds the totality of the evidence supports the trial court’s determination that termination of R.F.’s parental rights is in D.F.’s best interests.

In the Termination of the Parent-Child Relationship of: K.M. (Minor Child), and J.B. (Father) v. Indiana Department of Child Services (mem. dec.)
23A-JT-964
Juvenile termination of parental rights. Affirms the involuntary termination of father J.B.’s parental rights to K.M. Finds J.B. knowingly and voluntarily waived his right to counsel.