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Opinions Nov. 10, 2014

November 10, 2014

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Friday:
United States of America v. James Bowling
13-3895
U.S. District Court, Southern District of Indiana, Indianapolis Division. Judge Larry J. McKinney.
Criminal. Reverses two convictions of making false statements in connection with the purchase of a firearm under 18 U.S.C. Section 922(a)(6). The trial court violated Bowling’s due process right to present a mistake-of-fact defense. Remands for a new trial.

Monday’s opinions
Indiana Court of Appeals

Christa Allen v. Richard Hinchman, M.D.; Richard Tanner, M.D.; and Jeffery Smith, M.D.
49A02-1311-PL-975
Civil plenary. Reverses summary judgment in favor of the doctors on Allen’s medical malpractice claim. Holds that the standard of care for doctors practicing in prisons is the same as the standard of care for doctors practicing outside of prison.

WESCO Distribution, Inc. v. ArcelorMittal Indiana Harbour LLC and ESPU, Inc.
45A03-1307-PL-274
Civil plenary. Affirms in part and reverses in part judgment in favor of ArcelorMittal on its lawsuit against WESCO for breach of implied warranties and breach of contract. Holds WESCO has not shown that the trial court committed any reversible errors or that the trial court abused its discretion in the handling of the discovery issue. The trial court abused its discretion in awarding more than $3 million in prejudgment interest to ArcelorMittal. Reverses award of prejudgment interest and remands for re-entry of the final judgment in an appropriate amount.

Kwang Moo Yi v. Deer Creek Homeowners Association, Inc, (NFP)
49A05-1405-MI-233
Miscellaneous. Affirms grant of preliminary injunction ordering Yi to disassemble and remove a rain barrel and plumbing system from his property. Remands for consideration of issuance of a permanent injunction as well as an award of attorney fees.

Steve Mitchell v. Dan R. Walker (NFP)
27A05-1405-CC-202
Civil collection. Affirms judgment in favor of Walker on Mitchell’s complaint alleging Walker repossessed a property in violation of the parties’ June 2010 agreement.

Frontline National, LLC v. Kathy Steinhauer (NFP)
93A02-1405-EX-308
Agency action. Affirms denial of Frontline National’s application for review of the order that it pay workers’ compensation benefits to Kathy Steinhauer.

Matthew A. Mahoney v. State of Indiana (NFP)
84A01-1405-CR-191
Criminal. Affirms sentence for three counts of Class B felony sexual misconduct with a minor; Class C felony sexual misconduct with a minor; and one count each of Class D felonies vicarious sexual gratification, child solicitation and dissemination of matter harmful to minors.

In the Matter of the Termination of the Parent-Child Relationship of G.L.: G.W.L., III (Father) v. Ind. Dept. of Child Services (NFP)
71A03-1404-JT-141
Juvenile. Remands for the probate court to enter factual findings that conform to the requirements of the Indiana Trial Rules and Court of Appeals precedent.

Daniel E. Hoagland and Karen S. Hoagland v. Michael C. Mosier and Jeffery A. Mosier, Co-Executors of the Estate of Dorothy H. Mosier, et al. (NFP)
76A03-1403-MI-87
Miscellaneous. Affirms trial court order that counsel file a motion to substitute Michael and Jeffrey Mosier as co-executors of Dorothy Mosier’s estate, the garnishment orders against the Hoaglands, and the order of service of the garnishment order on Hoagland Electric Inc.

Michael Janitz v. State of Indiana (NFP)
49A02-1403-CR-197
Criminal. Affirms Class A misdemeanor battery conviction.

Darnell Johnson v. State of Indiana (NFP)
48A04-1402-CR-82
Criminal. Affirms revocation of probation and execution of previously suspended sentence.

 

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