Opinions June 8, 2016

Keywords neglect / Opinions

7th Circuit Court of Appeals
Anastazia Schmid v. Steven McCauley, superintendent, Indiana Women’s Prison
United States District Court for the Southern District of Indiana, Indianapolis Division, William T. Lawrence, judge.
Civil. Rules mentally ill woman appealing her murder conviction and sentence should have had an attorney appointed to her in District Court. Remands for court to appoint her one, as well as hold a possible evidentiary hearing.  

Indiana Court of Appeals
City of Lawrence Utilities Service Board, City of Lawrence, Indiana, and Dean Jessup, Individually and in His Official Capacity v. Carlton E. Curry
Civil tort. Reverses summary judgment for Carlton Curry, finding Mayor Dean Jessup did have authority to terminate Curry, the superintendent of the utility board, under Indiana Code 8-1.5-3-5 because the code doesn’t say the mayor cannot do it. Majority finds it would create a position that was essentially a lifetime employment position if this were not the case. Affirms denial of summary judgment on Curry’s Wage Payment Statute claim. Remands for further proceedings. Judge Elaine Brown dissents in part, arguing that finding for Curry would not create a lifetime employment position and there were issues of material fact that preclude summary judgment in Curry’s tortious interference claim.

In the Matter of J.B. and L.B.: J.J. (Mother) v. The Indiana Department of Child Services
Juvenile. Reverses judgment that granted custody to father after children were found as children in need of services because juvenile court did not have jurisdiction to modify the custody agreement made by the paternity courty. Remands for further proceedings.

Robert Middleton v. Paula Pyatte (mem. dec.)
Domestic relations. Affirms order that Robert Middleton should pay a portion of Paula Pyatte’s appellate attorney fees, pay a portion of the court appointed guardian ad litem fees and either report to the county jail to serve time for contempt or purge himself of contempt by paying mother overdue child support, uninsured medical expenses and attorney fees by a set date.

Byung Soo Kim v. State of Indiana (mem. dec.)
Post conviction. Affirms denial of Byung Soo Kim’s petition for post-conviction relief.

Thomas Moriarty, as Personal Representative of the Estate of Donna Davis, Deceased v. West Morgan, LLC (mem. dec.)
Estate, unsupervised.  Affirms West Morgan complied with contracts in a land sale, Thomas Moriarty’s fraud claims were without merit, and the denial of both parties’ request for attorney fees. Reverses and remands decision admitting exhibit into court and rules the court relied too much on that exhibit. Orders evidentiary hearing limited to Moriarty’s counterclaim for construction costs.

Tristan Crayton v. State of Indiana (mem. dec.)
Criminal. Affirms Tristan Crayton’s conviction of criminal recklessness as a Class D felony.

Shaquille Q. Delaney v. State of Indiana (mem. dec.)
Criminal. Affirms Shaquille Delaney’s conviction of Class A misdemeanor battery.


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