Opinions February 11, 2022 – The Indiana Advocate


Next 7and The Circuit Court of Appeals opinion was released Thursday after the IL deadline.

Allen Brown vs. Jeffrey E. Krueger
Appeal from the United States District Court for the Southern District of Indiana, Terre Haute Division. Judge Jane Magnus-Stinson.
Criminal. Upholds the Southern Indiana District Court’s dismissal of Allen Brown’s habeas petition filed under 28 U.S.C. § 2241. Finds that the Missouri cases cited by Brown were not in conflict with the 8and The view of the Circuit Court of Appeals that the gun show offense is a violent crime under the Military Criminal Careers Act. Concludes that the court does not have to answer the “tricky question of choice of law” posed by In the case of Davenport, 147 F.3d 605 (7th Cir. 1998) conducted 2,241 law enforcement petitions from the confinement circuit or sentencing circuit.


Indiana Court of Appeals
In the matter of guardianship of AER (minor child) Shawn Wright v. Gilberto Ruiz, Sr., and Teresa Ruiz

Guardianship. Upholds Lake Superior Court order naming grandparents Gilberto Ruiz, Sr. and Teresa Ruiz as guardians of Shawn Wright’s child, AER finds trial court did not abuse its discretion denying Wright’s motion to transfer the venue and appointing the grandparents as guardians of the AER. Note that grandparents are not entitled to legal fees.

Denver Lee Murray v. Indiana State
Criminal. Affirms Denver Lee Murray’s 25-year Wells Circuit Court sentence for a Tier 2 felony involving methamphetamine trafficking. Finds that the trial court did not violate Murray’s Fifth Amendment rights when it asked him to show his teeth to a jury to show that he was the same person who appeared in an incriminating video. Concludes that his conviction is not inappropriate given his criminal history.

Trent Howard Boyle v. Indiana State (dec. brief)
Criminal. Upholds the rejection of Trent Howard Boyle’s motion to delete. Finds the Bluffton Police Department’s investigative stop on Boyle did not violate Article I, Section 11 of the Indiana Constitution. Finds the degree of concern that Boyle was involved in criminal activity was high, the degree of intrusion of an investigative stop is minimal, and the need for law enforcement to investigate the trafficking activity reported drug was large. Referrals for continuation of the procedure.

Charles LD Perry v. Indiana State (dec. brief)
Criminal. Upholds the dismissal of Charles LD Perry’s motions for discharge and motion for reconsideration in two separate criminal cases. Finds that the trial court did not err in denying Perry’s motion for release based on his waivers for Case 350 or Case 22.

Ron Hale v. State of Indiana (dec. memorial)
Criminal. Upholds conviction of Ron Hale for Class A bodily harm causing bodily harm. Finds sufficient evidence to support the conviction.

In Re the Matter of: CG c. MG and MG (dec. mem.)
Adoption. Upholds the denial of CG’s motion to withdraw her consent to the adoption of her three minor children AG, KG and GG to the grandparents MG and MG Finds that the mother’s consent to the adoption of the children was irrevocably implied after she failed to challenge their adoption in a timely manner, rendering further consent on her part unnecessary. Judge Margret Robb agrees with the result. Judge Derek Molter agrees with the result with a separate opinion.

Marshaum Givens c. Indiana State (dec. brief)
Criminal. Affirms St. Joseph Superior Court’s interlocutory order dismissing Marshaum Givens’ motion to strike. Finds that the trial court properly denied Givens’ request for deletion and that the impugned evidence was not obtained in violation of Givens’ Fourth Amendment rights.

Demetre Payton v. State of Indiana (dec. brief)
Criminal. Affirms Demetre Payton’s conviction for a class A misdemeanor resisting law enforcement. Finds sufficient evidence to support the conviction.

Alicia Woods and Marlon Woods FKA Marlon Lewis vs. Trim-A-Seal of Indiana, Inc. (dec. brief)
Civil collection. Affirms the entry of final judgment of the Lake Superior Court and award of attorneys’ fees in favor of Trim-A-Seal of Indiana against Alicia Woods and Marlon Woods pursuant to an arbitration award. Finds that the Woods have established no grounds under the Indiana Uniform Arbitration Act to set aside the arbitration award.

Michael D. Webb c. Indiana State (dec. brief)
Criminal. Upholds Michael Webb’s full five-year sentence, with the final 180 days served under house arrest, for convictions of stalking as a felony 6, voyeurism as a felony 6, public intoxication as a misdemeanor class B and his admission of being a habitual offender. Finds that his sentence is not inappropriate given the nature of the offense and the personality of the offender.


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