Opinions July 22, 2015

July 22, 2015

7th Circuit Court of Appeals
The following opinions were issued after IL deadline Tuesday.
United States of America v. Michael B. McClellan
Appeal from the U.S. District Court for the Northern District of Indiana, Hammond Division; Chief Judge Philip P. Simon.
Criminal. Affirms convictions of harboring an illegal alien, three counts of mail fraud, and one count of engaging in a monetary transaction involving criminally derived property. The evidence presented to the jury was sufficient for the convictions, and jury instructions concerning the harboring count did not constitute plain error.

Charles S. Howlett v. Jeffrey Hack, et al.
Appeal from the U.S. District Court for the Southern District of Indiana, Indianapolis Division; Judge Tanya Walton Pratt.
Civil. Affirms judgment of the District Court in all respects but one, remanding to the District Court with instructions to change the dismissal of Howlett’s state law claims against Hack to one without prejudice, so that he may pursue them in state court. Summary judgment in favor of the city of Indianapolis and an Indianapolis Metropolitan Police Department officer was properly granted on Howlett’s wrongful arrest and malicious prosecution claims.

Indiana Court of Appeals
July 22, 2015
Abdullatip Osmanov v. State of Indiana
Post conviction. Reverses summary denial of Osmanov’s post-conviction petition. Finds post-conviction court’s issuing a denial before either party had a chance to file motions and affidavits plus the court’s reliance of the Written Advisement and Waiver Rights form and the plea-hearing transcript violated Post-Conviction Rule 1(4)(f).  

Thomas Bunger as Personal Representative of the Estate of Kenneth K. Kinney, and Cheryl Underwood v. Sheree Demming

Civil plenary. Affirms trial court’s determinations that Underwood was Demming’s agent, that Kinney and Underwood were partners in the purchase of two properties in Bloomington, and Underwood breached her duty to Demming. Finds the trial court did not abuse its discretion in calculating damages and awarding attorney fees. Also, the trial court did not abuse its discretion in denying Kinney’s motion for judgment on the pleadings. Reverse the award of $10,503.26 in prejudgment interest and remands for recalculation of the damage award without the prejudgment interest.

John Bochner v. State of Indiana (mem. dec.)
Criminal. Affirms denial of request for restoration of credit time.

Evelyn Butcher v. State of Indiana (mem. dec.)

Criminal. Affirms conviction of Class A misdemeanor invasion of privacy.

Steven Miller v. State of Indiana (mem. dec.)
Criminal. Affirms convictions of two counts of Class B felony dealing in methamphetamine.

Earl Edwards v. State of Indiana (mem. dec.)
Criminal. Affirms 60-year sentence imposed for his guilty plea to murder, Class B felony criminal confinement, and Class D felony theft.

Hameck Oil Company, Ltd., TWE Management, LLC, Eckard Global, LLC, and Troy W. Eckard v. J Group Energy I, LLC and Bakken Oil & Gas Management, Inc., and HOC Bakken Legacy I, LLC (mem. dec.)
Civil plenary. Affirmed trial court in its determination that the company agreement’s arbitration provision did not apply to Hameck Oil, the company’s manager.

Property-Owners Insurance Company v. Gerald T. Powers and Phyllis J. Powers, et. al. (mem. dec.)

Civil plenary. Reverses judgment on the pleadings in favor of the Powerses and remands for proceedings.

Roger Pringle v. State of Indiana (mem. dec.)
Criminal. Affirms denial of motion for permission to file a belated appeal.

In re the Matter of the Paternity of L.J.E.L., K.J.D.L. v. L.J.B. (mem. dec.)
Paternity. Affirms order awarding physical custody of L.J.E.L. to mother L.J.B.