Opinions Aug. 18, 2015

August 18, 2015

7th Circuit Court of Appeals
Carlton Hart v. Christine Mannina, et al.
Appeal from the District Court for the Southern District of Indiana, Indianapolis Division
Judge William T. Lawrence
Affirms grant of summary judgment in favor of Mannina, an Indianapolis Metropolitan Police Department detective, and other police defendants. Hart was arrested in a murder investigation recorded for the reality television series “The Shift,” but charges later were dismissed. He sued police and the city claiming various violations of his constitutional rights. Because police had probable cause to arrest him, summary judgment in favor of the defendants was neither an abuse of discretion nor actual and substantial prejudice.

Indiana Court of Appeals
Richard Steele v. State of Indiana
Criminal. Affirms conviction of Class D felony domestic battery. There was no error in admitting the testimony of a forensic nurse who found signs of domestic violence and was told by the victim and her 12-year-old daughter that the victim’s injuries were caused by Steele, her boyfriend of 20 years. Steele was not subjected to double jeopardy when the court merged five guilty findings into one conviction.

Robert E. Helmer v. TLC Properties, Inc. (mem. dec.)
Civil plenary. Affirms summary judgment in favor of TLC Properties, record owner of an easement on property Helmer bought at a tax sale.

Christopher Spain v. State of Indiana (mem. dec.)
Criminal. Affirms convictions for Class B felony conspiracy to commit dealing Schedule III controlled substance and Class D felony conspiracy to commit theft.

In the Matter of the Termination of the Parent-Child Relationship of: S.M. & M.M. (minor children) and M.M. (mother) v. The Ind. Dept. of Child Services (mem. dec.)
Juvenile. Affirms termination of parental rights.

Warren David Berglund v. Victoria L. Schutzius (mem. dec.)
Civil plenary. Affirms order that Berglund become the sole owner of certain real estate subject to a lien in favor of Schutzius. Afirms order denying his counterclaims for breach of fiduciary duty, conversion and unjust enrichment.

Horizon Bank, N.A. v. Centier Bank (mem. dec.)
Mortgage foreclosure. Reverses denial of motion to set aside default judgment, finding the trial court abused its discretion because Horizon was entitled to relief from the judgment by demonstrating excusable neglect and a meritorious defense. Remands for proceedings.

Everett E. Powell, et. al v. Green Tree Servicing LLC (mem. dec.)
Mortgage foreclosure. Reverses denial of Powell’s motion seeking relief from the court’s summary judgment order, finding the trial court abused its discretion when it failed to provide Powell notice of the date and time of a rescheduled summary judgment hearing. Remands for proceedings.

Kenneth Jaquin Washington v. State of Indiana (mem. dec.)
Criminal. Affirms five-year sentence for conviction of Class C felony possession of cocaine.