Opinions Aug. 26, 2015

August 26, 2015

7th Circuit Court of Appeals
Eric V. Harden v. Marion County Sheriff’s Department
Appeal from the U.S. District Court for the Southern District of Indiana, Indianapolis Division
Judge Tanya Walton Pratt
Civil. Affirms grant of summary judgment for the sheriff’s department. Finds Harden did not offer any evidence that supports his claim that he was fired in retaliation for testifying on behalf of African-American officers in a race discrimination investigation. Determines the internal affairs investigation of a theft that led to Harden’s termination was not a “sham” and a reasonable jury could find the investigation worthy of credence.

Indiana Supreme Court
Goodrich Quality Theaters, Inc., and Roncelli, Inc. v. Fostcorp Heating and Cooling, Inc., Wilson Iron Works, Inc., and Johnson Carpet, Inc.
Civil plenary. Affirms trial court award of attorney fees in favor of Fostcorp, Wilson and Johnson, holding that the plain language of the Indiana mechanic’s lien statute entitles lienholders to an award of attorney fees incurred in foreclosing upon their liens from a party who posts a surety bond securing the liens.
Indiana Court of Appeals
Seth Curtis v. State of Indiana
Criminal. Affirms convictions of two counts of Class B felony armed robbery, Class C felony intimidation and Class D felony auto theft. Rejects defendant’s argument that the convictions resulting in the two counts of armed robbery as well as a one count of armed robbery and one count of auto theft violated the single larceny rule. Finds the taking of Opana pills along with the taking of a pharmacy technician’s car keys and her car were all separate and distinct acts.

Lydia Lanni v. National Collegiate Athletic Association, University of Notre Dame Du Lac, and United State Fencing Association, Inc.
Civil tort. Affirms summary judgment in favor of NCAA and the U.S. Fencing Association on Lanni’s negligence claim resulting from an eye injury she received while standing as a spectator during a fencing competition at Notre Dame. The evidence most favorable to Lanni fails to establish that either the NCAA or the USFA owed her a duty of care.

Jesse Wharton v. State of Indiana
Criminal. Affirms in part and reverses in part Wharton’s convictions of Level 6 felony operating a vehicle while intoxicated with a prior conviction and Level 6 felony operating a vehicle with a blood alcohol content of 0.08 percent or more with a prior conviction. The convictions violated Wharton’s protections against double jeopardy. Remands to the trial court to vacate the conviction for the second count.

Bruce Ryan v. State of Indiana

Criminal. Affirms trial court denial of Ryan’s motion for credit time against his child molestation conviction that was served under appeal bond subject to conditions ordered by Marion County Community Corrections. Holds as a matter of first impression that credit time for a defendant’s release on appeal bond is prohibited under Indiana law.

In the Matter of: R.F. (Minor Child), Child in Need of Services and A.P. (Mother) v. The Indiana Department of Child Services (mem. dec.)
Juvenile. Affirms adjudication of R.F. as a child in need of services.

Runningman, LLC v. Joshua Nagy and Robert Sak (mem. dec.)
Civil plenary. Affirms summary judgment in favor of Nagy and Sak.

Patrick Kene Talley v. State of Indiana (mem. dec.)
Criminal. Affirms convictions of Class A felony attempted murder and Class C felony battery.

Malcolm M. Pettis v. State of Indiana (mem. dec.)

Criminal. Affirms convictions of three counts of Class A felony dealing cocaine, Class C felony dealing marijuana, Class D felony maintaining a common nuisance, and two counts of Class D felony operating a vehicle while privileges are suspended.

Kevin Singh v. State of Indiana (mem. dec.)
Criminal. Affirms habitual offender enhancement applied to conviction of Class C felony stalking.

Titus D. Fields v. State of Indiana (mem. dec.)
Criminal. Affirms convictions of two counts of Class A felony dealing cocaine.

In the Matter of: J.S. (minor child), a Child in Need of Services, and T.S. (mother) v. The Indiana Department of Child Services (mem. dec.)

Juvenile. Affirms adjudication of J.S. as a child in need of services.

In Re the Paternity of H.A., A.A. v. R.M. and B.M. (mem. dec.)
Juvenile. Affirms denial of petition to modify custody.