Opinions March 10, 2016

March 10, 2016

The following 7th Circuit Court of Appeals decisions were posted after IL deadline:
United States of America v. Vernado Malone
U.S. District Court, Northern District of Indiana, South Bend Division. Judge Jon E. DeGuilio.
Criminal. Dismisses Vernado Malone’s appeal after he pleaded guilty to mail fraud and aggravated battery. He argued that because the government introduced more victims than were mentioned in the plea agreement at his trial, the government breached the plea agreement.

William Bridge v. New Holland Logansport Inc.
U.S. District Court,Northern District of Indiana, South Bend Division, Judge James T. Moody.
Civil. Affirms motion for summary judgment for New Holland Logansport after William Bridge said he was fired because of his age. New Holland did not fit definition of employer under Age Discrimination in Employment Act.

Thursday’s opinions

Indiana Court of Appeals
Tricia A. Davis Williams v. State of Indiana
Criminal. Affirms Tricia A. Davis Williams’ sentencing order after she pleaded guilty to one count of Class D felony theft. Her placement in the Department of Correction is not inappropriate.

Stephanie A. Schrage v. In the Matter of the Seberger Living Trust u/t/d April 27, 2009
Trust. Affirms Stephanie Schrage is not entitled to a complete and unredacted copy of the Audrey R. Seberger Living Trust. She received a certification of trust from the trustee as a recipient of a specific distribution and is not entitled to anything further from the trustee.

Michael E. Ritchie, M.D. v. Community Howard Regional Health, Inc., et al.
Civil plenary. Affirms denial of Michael Ritchie’s request for preliminary injunction against Community Howard Regional Health in his lawsuit alleging breach of contract, defamation and other claims after his medical staff privileges were suspended.

Cory Lowden v. State of Indiana
Criminal. Affirms trial court properly rejected Cory Lowden’s tendered jury instruction in his trial for aggravated battery as an incorrect statement of law.

Stephanie A. Schrage v. The Audrey R. Seberger Living Trust u/t/d April 27, 2009; John R. O'Drobinak as Successor Trustee; et al.
Trust. Reverses and remands trial court’s order dismissing Stephanie Schrage’s complaint for failure to properly commence action under Indiana Trial Rules 3 and 4 and for failure to docket the Audrey R. Seberger Living Trust. Holds she completed the complaint correctly.

Gilberto Jimenez v. State of Indiana (mem. dec.)
Criminal. Affirms Gilberto Jimenez’s conviction of Class A misdemeanor resisting law enforcement.

Jeffrey W. Smith v. State of Indiana (mem. dec.)
Criminal. Affirms revocation of probation and orders Jeffrey Smith to serve remaining 3 ½ year balance of his previously suspended sentence.

Adrian Forrest v. State of Indiana (mem. dec.)
Criminal. Affirms Adrian Forrest’s sentence for operating a motor vehicle while suspended as a habitual traffic violator, a Class D felony, and operating a motor vehicle while intoxicated, a Class C misdemeanor.

Quashawn Gentry v. State of Indiana (mem. dec.)
Criminal. Affirms Quashawn Gentry’s conviction of theft as a Class A misdemeanor.

Scott Klemme v. State of Indiana (mem. dec.)
Criminal. Affirms trial court’s decision to revoke Scott Klemme’s probation.

Jacob Aaron Phillips v. State of Indiana (mem. dec.)
Post-conviction relief. Affirms Jacob Aaron Phillips did not receive ineffective assistance of trial counsel when he pleaded guilty.

Dennis P. Gallivan v. State of Indiana (mem. dec.)
Criminal. Affirms Dennis Gallivan’s sentence for operating while intoxicated as a Class A misdemeanor and operating while being an habitual traffic violator as a Class D felony, but reverses trial court’s order that Gallivan pay extradition costs as a condition of probation and remands for a correction of the sentencing order and hearing regarding extradition costs.

A.W. v. State of Indiana (mem. dec.)
Juvenile. Affirms adjudication as a delinquent child for committing battery, a Class A misdemeanor if committed by an adult.
Thad Dale Stewart, Jr. v. State of Indiana (mem. dec.)
Criminal. Affirms Thad Dale Stewart’s convictions of two counts of child molesting as a Class A felony.