The following 7th Circuit Court of Appeals opinion was posted after IL deadline Wednesday:
Virgil Hall III v. Michael Zenk, superintendent
U.S. District Court, Northern District of Indiana, South Bend Division. Judge Jon E. DeGuilio.
Civil. Vacates the grant of Hall’s habeas petition and remands for a hearing to determine whether Hall was prejudiced by extraneous information that reached his jury.
7th Circuit Court of Appeals
Sung Park v. Indiana University School of Dentistry, et al.
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge William T. Lawrence.
Civil. Affirms dismissal for failure to state a claim in Park’s suit alleging equal protection and due process violations and claims for state law breach of contract. She has no state law claim for breach of contract, and Park has not identified a protectable property interest.
Indiana Supreme Court and Indiana Tax Court posted no opinions at IL deadline.
Indiana Court of Appeals
Dana Young v. State of Indiana
Juvenile miscellaneous. Affirms conviction of Class B misdemeanor failure to ensure school attendance. Young was adequately advised of and waived her right to a jury trial.
Lane Alan Schrader Trust as Trustee under the Trust Agreement dated 16th day of November, 1999, and known as Lane Alan Schrader Self-Declaration of Trust v. Larry Gilbert and Nancy J. Malecki
Civil plenary. Reverses and remands to the trial court with instructions to enter a new order consistent with this opinion. The trial court did not err by concluding that the legal survey was not conducted through the use of good surveying practices, but did err by imposing the two previous surveys.
Peabody Energy Corp., Peabody Coal Company, LLC, and Black Beauty Coal Company v. Richard F. Roark, Beelman Truck Co., and North American Capacity Insurance Co.
Civil tort. Reverses summary judgment in favor of NAC and against Peabody regarding whether Peabody is an insured under the NAC policy. Roark was injured because of Peabody’s sole negligence, and his injuries arose out of his employer Beelman’s operations. Affirms summary judgment that Beelman did not breach the master performance agreement entered into by Beelman and Peabody. Remands for further proceedings.
F.D., G.D., and T.D. b/n/f J.D. and M.D.; J.D. and M.D., Individually v. Indiana Dept. of Family Services, Vanderburgh Co. Office of Family & Social Services, Evansville Police Dept., et al.
Civil tort. Affirms summary judgment in favor of DCS and the police department for DCS’ and the police department’s failure to inform parents J.D. and M.D. of their daughter’s molestation. Finds the police department is not a proper party to this case. Indiana Code 31-33-18-4, the statute the parents say gives rise to DCS’ duty to notify them of their daughter’s molestation, does not confer a private right of action. Judge Crone concurs in part and dissents in part; Judge Bradford concurs in part, dissents in part, and concurs in result.
Michael Kern v. State of Indiana (NFP)
Miscellaneous. Affirms denial of Kern’s petition for writ of habeas corpus.
Keith Allen Abell v. State of Indiana (NFP)
Criminal. Affirms aggregate 36-year sentence for various convictions, including Class B felony attempted rape and Class B felony attempted criminal deviate conduct.
Leroy Hall v. State of Indiana (NFP)
Post conviction. Affirms denial of petition for post-conviction relief.
Chris B. Davis v. Rhonda S. Davis (NFP)
Domestic relation. Affirms denial of Chris Davis’ petition to modify custody.
Danielle Kelly v. State of Indiana (NFP)
Criminal. Affirms denial of motion to suppress.
In the Matter of the Commitment of D.W. v. Wishard Health Services Midtown Mental Health (NFP)
Mental health. Affirms temporary involuntary commitment to mental health facility.
Tommy Goldman v. State of Indiana (NFP)
Criminal. Affirms sentence imposed following probation revocation.