Opinions Jan. 14, 2015

January 14, 2015
KEYWORDS Opinions / neglect

7th Circuit Court of Appeals
United States of America v. Dwan Rashid Taylor
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Jane E. Magnus-Stinson.
Criminal. Affirms denial of motion to suppress drugs and guns found by police in Taylor’s storage locker pursuant to a search warrant. The police learned of the storage location using a GPS unit that it attached to Taylor’s car without a warrant in 2011, a year before the Supreme Court of the United States held that attaching a GPS device to a car for purposes of gathering information was a search under the Fourth Amendment. Because the officers used the GPS monitor in objectively reasonable reliance on binding appellate precedent in effect at that time, the suppression motion was properly denied.

Indiana Court of Appeals
J.P. et al. v. Mid American Sound, et al.
Civil tort. Affirms denial of Polet’s motion for partial summary judgment on the state’s affirmative defense it was immune from her lawsuit under the Indiana Tort Claims Act. The limit on the state’s aggregate tort liability, as applied to her, does not violate the Indiana Constitution’s open court and equal privileges guarantees.

Christopher Schmidt v. Indiana Insurance Co., C&F Insurance Group, LLC, and Bart Stith
Civil plenary. Affirms in part and reverses in part summary judgment in favor of insurer and agent on Schmidt’s lawsuit that his policy cover a house he owned that burned in a fire. Schmidt designated additional evidence that created genuine issues of material fact – whether he told the agent about the condition of the property and whether someone forged his signature – so reverses judgment for agents. But summary judgment was appropriate for Indiana Insurance because Schmidt did not respond to the company’s motion for summary judgment.

In Re: The Marriage of Gertiser; Kevin Gertiser v. Anne Stokes (formerly Gertiser)
Domestic relation. Reverses denial of Gertiser’s petition to terminate spousal maintenance after his ex-wife remarried. The trial court abused its discretion in denying his petition and ordering him to pay Stokes’ attorney fees. Remands so the trial court may terminate the maintenance retroactive to the notification of the petition on Stokes or her agent.

Celebration Worship Center, Inc. v. Patrick Tucker and Carolyn P. Tucker a/k/a Patty Tucker (NFP)
Civil plenary. Reverses grant of summary judgment in favor of the Tuckers and remands with instructions. Summary judgment should have been granted in favor of Celebration Worship Center regarding a land dispute.

In the Matter of the Term. of Parent_Child Relationship of: K.N. and M.B. v. The Ind. Dept. of Child Services (NFP)
Juvenile. Affirms termination of parental rights.

Michael Brown v. State of Indiana (NFP)

Criminal. Affirms two-year executed sentence in the Department of Correction for Class D felony disseminating a matter harmful to minors.

Terry McMillian v. Donna McMillian (NFP)
Domestic relation. Reverses dissolution decree and ruling on Terry McMillian’s motion to correct error. Remands for further proceedings.

Anthony Ervin v. State of Indiana (NFP)
Criminal. Affirms conviction of Class A misdemeanor trespass.

Dominique Hughes v. State of Indiana (NFP)
Criminal. Affirms sentence for Class D felony theft and for being a habitual offender.

Adam White v. State of Indiana (NFP)
Criminal. Affirms conviction of Class C felony battery committed by means of a deadly weapon or resulting in serious bodily injury.

Do.D. v. De.D. (NFP)
Protective order. Affirms denial of husband’s motion to correct error after a protective order was issued against him at the request of his wife.

Travis Wilson v. State of Indiana (NFP)
Criminal.  Affirms conviction and sentence for Class B felony criminal deviate conduct.