Opinions April 6, 2016

April 6, 2016

These decisions came in after IL deadline Tuesday:
7th Circuit Court of Appeals
Arlene Nunez and Veronica L. Martinez v. Indiana Department of Child Services
United States District Court, Northern District of Indiana, Hammond Division. Judge Jon E. DeGuilio.
Civil. Affirms Indiana is protected under the 11th Amendment from a Federal Labor Standards Act suit brought by Arlene Nunez and Veronica Martinez claiming they are owed overtime by the Department of Child Services.

Asher B. Hill v. Jerry Snyder, et al.
United States District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Richard L. Young.
Civil. Reverses and remands three rulings of summary judgment for the prison after Asher Hill claimed prison staff did not protect him from other prisoners throwing feces at him on four occasions. Affirms the fourth ruling in favor of the prison. Hill had exhausted all of his remedies in the prison before filing suit.

Indiana Supreme Court
Kevin Allyn Ammons v. State of Indiana
Criminal. Affirms Kevin Ammons must register as a sex offender in Indiana after he moved back from Iowa in 2013. There was no ex post facto violation as Ammons was already under obligation to register and Indiana Code does impose any additional punishment on him.

Wednesday's decisions
Indiana Court of Appeals

Larry J. Jernas and R & R Horse Haven, Inc. v. Kevin J. Gumz
Civil collection. Affirms Kevin Gumz can keep $25,000 deposit after sale of real estate did not go through. Rejects claims the agreement was invalid because it was indefinite or not properly executed.

Carrie Baker v. Michael Baker
Domestic relations. Reverses and remands order to strike and dismiss in favor of Michael Baker, as well as denial of motions to reconsider and to correct errors. Court erred in granting motion without a hearing.

In re T.D.H. v. State of Indiana (mem. dec.)
Juvenile. Affirms a juvenile who committed an act that would be Class C felony child molesting if committed by an adult should be placed in the Indiana Department of Correction.

Jair Ortega Regalado v. State of Indiana (mem. dec.)
Criminal. Dismisses Jair Ortega Regalado’s appeal of his conviction of Class C felony child molesting because the trial court has yet to rule on his motion to correct error.

Roger E. Carlson v. State of Indiana (mem. dec.)
Criminal. Affirms Roger Carlson’s conviction and sentence for rape, two counts of criminal deviate conduct and criminal confinement, all as Class A felonies.

J.V. v. Ja.V. (mem. dec.)
Domestic relations. Grants father’s petition to modify parenting time.

In the Matter of: L.S., C.S., & W.S., (Minor Children) and J.S. (Father) v. The Ind. Dept. of Child Services (mem. dec.)
Juvenile. Affirms adjudication of father’s three children as children in need of services.