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Opinions Dec. 11, 2014

December 11, 2014

7th Circuit Court of Appeals
Kevin L. Harold v. Christopher C. Steel and Peters & Steel LLC
14-1875
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Tanya Walton Pratt.
Civil. Affirms dismissal of Harold’s lawsuit under the Fair Debt Collection Practices Act, contending Steel and his law firm had violated 15 U.S.C. Section 1692e by making false statements. Harold sought to challenge a garnishment order entered in state court. The Rooker-Feldmen doctrine bars his lawsuit.

Indiana Court of Appeals
Robin Eugene Montgomery v. State of Indiana
82A01-1404-CR-163
Criminal. Affirms conviction of Class B felony dealing in methamphetamine. The trial court did not abuse its discretion in admitting certain evidence at trial and the evidence is sufficient to support the conviction.

Steven M. Sandleben v. State of Indiana
82A05-1403-CR-95
Criminal. Affirms convictions and sentence for three counts of public voyeurism, two as Class D felonies and one as a Class A misdemeanor. Sufficient evidence supports the convictions and the public voyeurism statute as applied is not unconstitutionally vague. While the trial court abused its discretion when it admitted certain business records over objection, those records were cumulative, which made the error harmless.

Teresa A. Fritz-Lint v. Review Board of the Ind. Dept. of Workforce Development and Truth Publishing Co., Inc.
93A02-1404-EX-243
Agency action. Affirms decision of the review board, which upheld that Fritz-Lint was terminated for just cause.  Agrees with the review board and company that Fritz-Lint’s dissemination of a racist email could contribute to the creation of a hostile work environment, so she was dismissed for just cause when she violated company policy.

Dollie Smith, Henry Harris, Jr., and Clarence Carter v. Wayne Haggard
48A05-1404-CT-166
Civil tort. Affirms dismissal of the plaintiffs’ complaints against Wayne Haggard. The trial court correctly concluded their complaints should be dismissed because they failed to file their summonses as required by Trial Rule 3 within the two-year statute of limitations.

Larry Woods v. State of Indiana (NFP)
49A02-1405-CR-327
Criminal. Affirms conviction of Class A felony child molesting.

Keaton J. Miller v. Ryan Blackburn (NFP)
33A01-1407-SC-290
Small claim. Reverses trial court and finds that Miller is entitled to 12 months of back rental payments and late fees from Blackburn.

Timothy Wellbaugh v. State of Indiana (NFP)
49A02-1404-CR-271
Criminal. Remands for the trial court to assess Wellbaugh’s ability, if any, to pay the public defender fee.

In the Matter of the Termination of the Parent-Child Relationship of: B.B. and M.B. v. The Ind. Dept. of Child Services (NFP)
49A04-1404-JT-149
Juvenile. Affirms involuntary termination of parental rights.

Antwoine Young v. State of Indiana (NFP)
49A04-1405-PC-217
Post conviction. Affirms denial of petition for post-conviction relief.

Anthony Walls v. State of Indiana (NFP)
49A02-1405-CR-345
Criminal. Affirms conviction of Class D felony criminal recklessness.

Jeffrey S. Taylor v. State of Indiana (NFP)
18A02-1404-CR-266
Criminal.  Affirms order that Taylor serve his previously suspended four-year sentence in the Department of Correction following his probation revocation.

Angela L. Blair v. State of Indiana (NFP)
03A01-1403-CR-132
Criminal. Affirms convictions of two counts of Class A misdemeanor possession of paraphernalia and one count of Class A misdemeanor conversion.

Benjamin T. Haines v. State of Indiana (NFP)
01A02-1407-CR-454
Criminal. Affirms revocation of probation and order Haines serve his previously suspended sentence.

Maron Jackson v. State of Indiana (NFP)
49A02-1405-CR-296
Criminal. Affirms conviction and sentence for murder.

D.B. v. State of Indiana (NFP)
49A02-1406-JV-376
Juvenile.  Affirms order committing D.B. to the Department of Correction for a delinquent act that would be Class B felony burglary and Class D felony theft if committed by an adult, and the restitution order.

Jason D. Brown v. State of Indiana (NFP)
82A05-1403-CR-109
Criminal. Affirms conviction of Class A misdemeanor pointing an unloaded firearm at another person.
 

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