Opinions May 25, 2016

May 25, 2016

The following 7th Circuit Court of Appeals was posted after IL deadline Tuesday:
United States of America v. John Alan Lewis
United States District Court for the Southern District of Indiana, Indianapolis Division, Judge Jane Magnus-Stinson.
Criminal. Affirms a 66-year-old man’s supervised release after the 7th Circuit found the judge’s explanations for the supervised release and sentence sufficient.

Wednesday’s opinions
Indiana Court of Appeals
Kelly C. Mullen v. State of Indiana
Criminal. Affirms on interlocutory appeal the denial of Kelly C. Mullen’s motion to suppress evidence of a gun obtained during a search of his person. Rules that the officer who stopped him had sufficient reason, including the increased drug and gun violence in the area, the fact the apartment complex asked the police department to help with loitering issues, and Mullen’s actions during the stop.

Terry Criss v. State of Indiana (mem. dec.)
Criminal. Affirms denial of Terry Criss’ motion to correct erroneous sentence.

Jerome C. Lockhart v. State of Indiana (mem. dec.)
Criminal. Affirms Jerome C. Lockhart’s convictions for rape and sexual misconduct as Class B felonies.

M.L.M. v. State of Indiana (mem. dec.)
Juvenile. Affirms adjudication for committing carrying a handgun without a license, an act that would be a Class A misdemeanor if committed by an adult.

James A. Love v. State of Indiana (mem. dec.)
Criminal. Affirms James A. Love’s conviction in two causes of Class A misdemeanor invasion of privacy as well as Class A misdemeanor intimidation in one of the causes.

Robert J. Fiedler and Dianne C. Fiedler v. LaGrange County Regional Utility District (mem. dec.)
Miscellaneous. Affirms denial of Robert and Dianne Fielder’s motion for relief from judgment.

Marlon Coley v. State of Indiana (mem. dec.)
Criminal. Affirms Marlon Coley’s sentence for Level 6 felonies forgery and perjury and that he should be placed in the Department of Correction.

Kirk R. Jocham v. Discover Bank (mem. dec.)
Civil collection. Affirms an order granting Discover’s motion to withdraw admissions in Kirk Jocham’s motion for summary judgment on interlocutory appeal. Vacates order granting the bank additional time to respond to his summary judgment motion because it is moot and remands the case for further proceedings.

Mark Johnson a/k/a Garland P. Jeffers v. State of Indiana (mem. dec.)
Criminal. Remands Mark Johnson’s Class A misdemeanor resisting law enforcement conviction and sentence as it violates double jeopardy principles, but affirms his convictions for Level 5 felony burglary and Level 6 felony resisting law enforcement.
William Alan Seydel v. State of Indiana (mem. dec.)
Criminal. Affirms William Seydel’s 29-year sentence following his guilty plea to one count of Class B felony aggravated battery and two counts of Class C felony attempted battery by means of a deadly weapon.  

Jodie Meyer v. Elizabeth Cochran (mem. dec.)
Civil tort. Affirms Jodie Meyer should not get a new trial after the jury heard references to insurance coverage and the defendant Elizabeth Cochran’s student loan debt. The trial courts admonitions were sufficient to cure any error.

D.S. II v. M.C. (mem. dec.)
Order of protection. Affirms denial of D.S.’ petition for a protective order.
Michael Becker v. State of Indiana (mem. dec.)
Criminal. Affirms denial of Michael Becker’s motion to correct erroneous sentence.

Jonathan J. Tipton v. State of Indiana (mem. dec.)
Criminal. Affirms Jonathan Tipton’s Level 1 felony burglary resulting in serious bodily injury conviction but reduces his Level 5 felony battery with a deadly weapon conviction to a Class B misdemeanor with orders to resentence him accordingly. Affirms burglary sentence.

The Estate of Diana K. Blake by Nicole Walker, Personal Representative v. Select Specialty Hospital-Fort Wayne, Inc. (mem. dec.)
Civil plenary. Reverses and remands summary judgment for Select Specialty Hospital-Fort Wayne. The trial court erred because the designated evidence establishes a genuine issue of material fact that the hospital breached its stand of care to Blake.

Michael Allan Hardy v. State of Indiana (mem. dec.)
Criminal. Affirms Michael Hardy’s conviction for theft as a Class A misdemeanor.