Opinions July 28, 2015

July 28, 2015

7th Circuit Court of Appeals
The following opinion was filed yesterday after IL deadline
Grant E. Bentrud v. Bowman Heintz Boscia & Vician, P.C.
Appeal from the U.S. District Court, Southern District of Indiana, Indianapolis Division
Judge William Lawrence.
Civil. Affirms grant of summary judgment in favor of Bowman Heintz. Finds Bowman Heintz did not violate the Federal Debt Collections Practices Act for filing a second motion for summary judgment after the 30-day deadline to initiate arbitration had passed.

Indiana Court of Appeals
First Federal Bank of the Midwest v. Karen S. Greenwalt and Farm Credit Services of Mid-America
Mortgage foreclosure. Affirms trial court grant of summary judgment in favor of Karen Greenwalt. The alteration of loan terms between Great Lakes and First Federal constituted material alterations of the underlying obligation and the loan agreement guaranteed by Greenwalt.

In re the Marriage of: Thomas E. Thompson v. Donna B. Thompson (mem. dec.)
Domestic relation. Affirms the trial court’s judgment not to use a Qualified Domestic Relations Order to divide Thomas Thompson’s 401(k). Reverses order that Thompson make a cash equalization payment to Donna Thompson for $144,241.86, finding the trial court erred in failing to consider the tax consequences of drawing down the husband’s 401(k) and selling the marital home. Remands with instructions that the trial court revaluate certain assets to account for the tax consequences.

In re the Marriage of: Deborah D. Skelton v. Rodney D. Skelton (mem. dec.)
Domestic relation. Affirms the award of primary physical custody of the children to Rodney Skelton. Also affirms the denial of Deborah Skelton’s request for the trial court to speak to oldest child. Reverses the division of the marital estate, finding the trial court erred by not including in the marital estate the wife’s $31,073.00 student loan debt incurred prior to the marriage. Remands for the trial court to specify whether it intended to order the wife to make an equalization payment of $10,944.51 to the husband.

Adam Horton v. State of Indiana (mem. dec.)
Criminal. Affirms Class D domestic battery conviction. Finds Horton knowingly, voluntarily and intelligently waived his right to a jury trial on the Class D felony enhancement.

J.B. v. State of Indiana (mem. dec.)
Juvenile. Affirms order that J.B. register as a sex offender.

Performance Contracting, Inc. v. Randy Lowe (mem. dec.)
Civil. Affirms the Worker’s Compensation Board of Indiana’s order that Lowe be awarded compensation for the claims of temporary total disability and medical expenses.  

Jevon Deandre Ollins v. State of Indiana (mem. dec.)
Criminal. Affirms 13-year sentence after guilty plea to burglary, a Class B felony.

Aqueeli Hakeem Walton v. State of Indiana (mem. dec.)
Criminal. Affirms conviction of murder.

Michael C. Pulley v. State of Indiana (mem. dec.)
Criminal. Affirms splitting the 13-year sentence between the Indiana Department of Correction and community corrections for Class B felony possession of methamphetamine and Class C felony possession of chemical reagents.

In Re the Adoption of D.B. and S.R., M.R. v. J.W. (mem. dec.)
Adoption. Affirms St. Joseph Probate Court granting the petition of J.W., the stepfather, to adopt S.R.