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Opinions March 23, 2016

March 23, 2016

The following 7th Circuit Court of Appeals decisions were posted IL deadline Tuesday.
Eric D. Holmes v. Ron Neal, Superintendent, Indiana State Prison
14-3359, 04-3549, 06-2905
U.S. District Court for the Southern District of Indiana, Indianapolis Division, Judges Sarah Evans Barker and Larry J. McKinney.
Civil. Denies Eric Holmes’ appeal of the District Court’s rulings lifting a stay on his habeas corpus petition and dismissing his claims after the 7th Circuit held his claims could be ruled on based on the state-court record.

Continental Casualty Company v. Alan Symons, et al.
14-2665, 14-2671 and 15-1061
U.S. District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Richard L. Young.
Civil. Affirms $34.2 million judgment for Continental Casualty Company after the court found Symons International was liable for an agreement Continental and Symons had after Symons bought a crop-insurance company from Continental.

Wednesday's opinions
Indiana Court of Appeals

Cheryl L. Underwood v. Thomas Bunger, in his capacity as the Personal Representative of The Estate of Kenneth K. Kinney; Judith M. Fulford; and Sheree Demming
53A01-1509-MI-1305
Miscellaneous. Affirms grant of the estate of Kenneth K. Kinney’s motion to dismiss. The estate was not a proper defendant in Underwood’s claim for partition.

Morgan Mannix v. State of Indiana
49A04-1505-CR-294
Criminal. Revises Morgan Mannix’s sentence for two Class C felonies, failure to stop after an accident resulting in death and operating while intoxicated causing death. The judge appeared to rely on the elements of one offense to support an above-advisory sentence for the other offense, and vice versa, but did not identify anything unique about the circumstances that would justify deviating from the advisory sentence.

Dwayne E. Gray and Jeffrey E. Minor v. Indiana Farm Bureau Insurance Company (mem. dec.)
49A05-1503-PL-128
Civil plenary. Affirms the dismissal of Indiana Farm Bureau’s action in Marion Superior Court and the denial of Dwayne Gray's motion to correct error.

 Khalil Reeves v. State of Indiana (mem. dec.)
49A04-1508-CR-1132
Criminal. Affirms Khalil Reeves’ conviction of theft, a Class A misdemeanor.

In Re the Adoption of H.A.F., A.J.F. v. A.D.F. (mem. dec.)
71A03-1505-AD-364
Adoption. Affirms petition to adopt father’s child.

Richard D. Croslin v. State of Indiana (mem. dec.)
36A01-1511-CR-1984
Criminal. Affirms 26-year sentence for Richard Croslin for his convictions of burglary as a Class B and a Class C felony.

In the Matter of the Termination of the Parent-Child Relationship of R.S., Jr. (Child) and R.S., Sr. (Father); R.S., Sr. (Father) v. The Indiana Department of Child Services (mem. dec.)
49A04-1508-JT-1141
Juvenile. Affirms involuntary termination of father’s parental rights.

Steven Robbins v. Indiana Department of Correction, et al. (mem. dec.)
46A03-1503-CT-119
Civil tort. Affirms summary judgment for Department of Correction and against Steven Robbins.
 

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