Opinions Jan. 28, 2015

January 28, 2015

The following 7th Circuit Court of Appeals opinions were posted after IL deadline Tuesday
United States of America v. Jeffrey P. Taylor
U.S. District Court, Northern District of Indiana, Hammond Division. Judge Rudy Lozano.
Criminal. Affirms conviction. Finds double jeopardy does not bar his retrial on the charges of attempting to transfer obscene material to a minor using means of interstate commerce after his conviction of attempting to use facilities of interstate commerce to engage in criminal sexual activity with a minor was overturned because the charges require proof of different elements. And because the judgment does not incorporate the SORNA ruling and the government has not filed a cross-appeal contesting that, there is nothing for the 7th Circuit to review on this issue. Affirms in all other respects.

Awok Ani-Deng v. Jeffboat, LLC
U.S.  District Court for the Southern District of Indiana, New Albany Division. Judge Sarah Evans Barker.
Civil. Affirms dismissal of Ani-Deng’s discrimination and retaliation claims against her former employer, holding that an affidavit Ani-Deng relied on was entitled to no weight because it lacked foundation.

Indiana Court of Appeals
Ind. Education Employment Relations Board and Nettle Creek School Corp. v. Nettle Creek Classroom Teachers Assoc.
Civil plenary. Concludes that teachers may negotiate with their employers for the receipt of additional wages for these ancillary duties. On remand, the judges ordered the board to review the parties’ proffered LBOs taking into consideration the COA’s conclusion that the parties may negotiate for additional wages for required ancillary duties, i.e., duties that are required by the school corporation but are not considered to be direct teaching functions.

Brent Anthony Dimmitt v. State of Indiana
Criminal. Affirms convictions of Class C felony battery, Class A misdemeanor battery, Class D felony criminal gang activity, and being a habitual offender. Finds that Dimmitt’s sentence was erroneous in two respects: (1) the trial court erred by imposing the habitual offender sentence as a separate count rather than as an enhancement of the underlying felony and (2) the sentence exceeded the statutory limitation for consecutive terms. Reverse and remands with instructions that Dimmitt’s sentence be reduced by one year.

N.S. v. State of Indiana
Juvenile. Reverses adjudication as a juvenile delinquent for having committed acts that would be dangerous possession of a firearm and possession of marijuana, as Class A misdemeanors, if committed by an adult. Based on the record, it is clear that the state obtained the physical evidence – the firearm and the marijuana – as a direct consequence of the illegal search of the backpack.

Cameron Williams v. State of Indiana (mem. dec.)
Post conviction. Affirms denial of petition for post-conviction relief.

Aaron J. Taylor v. State of Indiana (mem. dec.)
Criminal. Affirms convictions of two counts of criminal confinement, both Class B felonies; two counts of intimidation, both Class C felonies; criminal recklessness, a Class D felony; and pointing a firearm, a Class D felony.

Indiana Law Enforcement Training Board v. Theodore D. Comer, Sr. (mem. dec.)

Miscellaneous. Affirms board’s decision to revoke Comer’s certification of completion of basic training.

Scott Hedrick-Dwyer v. State of Indiana (mem. dec.)
Criminal. Affirms convictions of Class C felony criminal confinement and Class A misdemeanor battery, finding he is a habitual offender and 18-year sentence.

T.M. v. State of Indiana (mem. dec.)
Juvenile. Affirms adjudication as a delinquent for committing an act that would constitute Class B felony robbery with a deadly weapon if committed by an adult.

Steven DuPont and April DuPont, on Behalf of Minor Child M.D. v. Kiddie Academy of Fishers and Kiddie Academy Childcare Learning Centers, Inc. (mem. dec.)

Civil tort. Reverses the denial of the DuPonts’ motion to correct error with respect to the grant of summary judgment to Kiddie Academy Fishers. Affirms the trial court’s denial of the DuPonts’ motion to correct error with respect to the grant of summary judgment to Kiddie Academy franchisor. Remands for further proceedings.
Jon Holman v. State of Indiana (mem. dec.)
Criminal. Affirms denial of motion to correct erroneous sentence.

Nina Ozuyener v. Korkut Ozuyener (mem. dec.)
Domestic relation. Affirms decision that a post-nuptial agreement was unenforceable.

Shelby Makowsky v. State of Indiana (mem. dec.)
Criminal. Affirms 20-year sentence following guilty plea to Class B felony conspiracy to commit arson.