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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
15-2400
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.
15-1935
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
29A02-1506-CR-528
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
45A03-1506-TR-685
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.
34A02-1505-PL-385
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
49A02-1503-CR-170
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.
45A04-1506-TR-686
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.)
49A02-1506-CR-536
Criminal. Affirms Gilberto Jimenez’s conviction of Class A misdemeanor resisting law enforcement.

Jeffrey W. Smith v. State of Indiana (mem. dec.)
52A04-1509-CR-1302
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.)
71A03-1508-CR-1285
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.)
49A02-1506-CR-593
Criminal. Affirms Quashawn Gentry’s conviction of theft as a Class A misdemeanor.

Scott Klemme v. State of Indiana (mem. dec.)
49A04-1507-CR-869
Criminal. Affirms trial court’s decision to revoke Scott Klemme’s probation.

Jacob Aaron Phillips v. State of Indiana (mem. dec.)
82A01-1504-PC-287
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.)
79A02-1507-CR-916
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.)
49A02-1506-JV-606
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.)
45A03-1506-CR-553
Criminal. Affirms Thad Dale Stewart’s convictions of two counts of child molesting as a Class A felony.
 

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