Opinions May 13, 2016

May 13, 2016

The following 7th Circuit Court of Appeals opinion was posted Thursday:

Jamie Becker v. Zachary Elfreich, individually and as an officer of the Evansville Police Department
U.S. District Court, Southern District of Indiana, Evansville Division, Magistrate Judge William Hussman Jr.
Civil. Affirms a police officer who released a dog during an arrest to find a suspect is not entitled to qualified immunity.

Friday's opinions

Indiana Court of Appeals
David Simons v. State of Indiana
Criminal. Affirms David Simons’ 29-year aggregate sentence after court ruled even though trial court did notify Simons of his earliest and maximum possible release dates the error was harmless.

Robert A. Murphy v. State of Indiana (mem. dec.)
Post conviction. Affirms the denial of Robert Murphy’s motion for post-conviction relief.  

Christopher Swartz v. State of Indiana (mem. dec.)
Post conviction. Affirms denial of Christopher Swartz’s motion for post-conviction relief.

Jenny R. (Willison) Eggerling v. Anthony Willison (mem. dec.)
Domestic relations. Affirms judgment awarding physical and legal custody of children to father and orders mother to pay $207 in weekly child support.

Joan Dumoulin v. Daniel Dumoulin, Sr., and Daniel Dumoulin, II (mem. dec.)
Domestic relations. Affirms compensation order that divided the marital estate evenly and gave wife additional personal property because husband mismanaged the parties’ rental properties.

Michael Wayne Wise, Sr. v. State of Indiana (mem. dec.)
Criminal. Affirms Michael Wayne Wise’s conviction of check fraud as a Class C felony and his adjudication as a habitual offender.

Wayne E. Mitchell v. State of Indiana (mem. dec.)
Criminal. Affirms Wayne Mitchell’s conviction of criminal confinement as a Level 5 felony.

James M. Lierl v. State of Indiana (mem. dec.)
Criminal. Affirms James Lierl’s conviction and sentence for child molesting as a Level 4 felony.

Castlewood Property Owners Association, Inc. v. Leticia Guerra-Danko (mem. dec.)
Civil plenary. Affirms Leticia Guerra-Danko does not have to remove siding she put on her house before the homeowners’ association in her neighborhood had a chance to approve it. The siding does not affect home values in the neighborhood and does not present aesthetic problems.

Andre Thomas v. State of Indiana (mem. dec.)
Criminal. Remands trial court’s order that Andre Thomas pay probation fees because the court did not conduct an indigency hearing before sentencing him.