Opinions March 24, 2016

Keywords neglect / Opinions

The following 7th Circuit decision came in after IL deadline yesterday.
Stephen Hummel, et al. v. St. Joseph County Board of Commissioners, et al.
United States District Court for the Northern District of Indiana, South Bend Division, Judge Jon E. DeGuilio.
Civil. Affirms summary judgment for St. Joseph County and against Hummel and other plaintiffs after plaintiffs challenged accessibility of court facilities in St. Joseph County.

Thursday’s decisions
Indiana Court of Appeals

In the Matter of: D.W. (Minor Child), and, T.W. (Mother) v. The Ind. Dept. of Child Services
Juvenile. Dismisses appeal of order terminating mother’s visitation with her daughter and denying her motion to modify a CHINS action. Dismisses for lack of subject matter jurisdiction because the trial court’s order is not a final judgment.

Roukaya Ali v. Alliance Home Health Care, LLC, L.J.L. Enterprises, Inc., and Larry J. Logsdon
Civil tort. Affirms summary judgment in favor of Alliance Home Health Care and against Roukaya Ali on her claims of defamation, malicious prosecution, false imprisonment, intentional infliction of emotional distress and vicarious liability stemming from claims she stole jewelry from two of her home health care patients.

Carlos Villaruel v. State of Indiana
Criminal. Reverses Carlos Villaruel’s convictions for Class D felony intimidation and Class A misdemeanor battery because trial court did not undertake the required Batson analysis. Remands for new trial.

Jennifer L. Frink v. State of Indiana
Criminal. Affirms denial of Jennifer Frink’s motion to dismiss charge of criminal trespass. She was found guilty of having an inappropriate sexual relationship with a student at the high school where she worked and was issued a criminal trespass warning. She went to an elementary school and the state charged her with Level 6 criminal trespass. Frink argued she couldn’t be guilty because she had a contractual interest in the property because she was a parent in the school system.

Alexander Dupree v. State of Indiana
Criminal. Affirms Alexander Dupree’s convictions for Class B felony robbery and three counts of carjacking, but reverses his convictions for Class A felony robbery and Class A felony burglary as they violate the double jeopardy rule. Remands for a 218-year sentence instead of a 248-year sentence.

Dominique Randolph v. State of Indiana (mem. dec.)
Criminal. Affirms Dominique Randolph’s conviction of armed robbery, a Level 3 felony.

Kenworth of Indianapolis, Inc., et al. v. Seventy-Seven Limited, Convey All, LLC, Keller Trucking, Inc., et al. (mem. dec.)
Civil plenary. Reverses and remands ruling that Kenworth waved its statute of limitations defense in its case against plaintiffs, ruling the defendants did not raise that defense at all, and therefore the ruling was erroneous.

In the Matter of the Term. of the Parent-Child Relationship of: A.J. and A.C., (Minor Children), and M.J., (Father) v. The Ind. Dept. of Child Services (mem. dec.)
Juvenile. Affirms involuntary termination of father’s parental rights.

Brian Sawyer v. State of Indiana (mem. dec.)
Criminal. Affirms denial of Brian Sawyer’s motion to correct erroneous sentence.

T.T.-R. and D.S. v. Indiana Department of Child Services (mem. dec.)
Juvenile. Affirms involuntary termination of parental rights.

David A. Swift v. State of Indiana (mem. dec.)
Criminal. Affirms David Swift’s conviction for Level 4 felony dealing in methamphetamine and his sentence.

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