Opinions June 29, 2016

June 29, 2016

The following 7th Circuit Court of Appeals decision came in after IL deadline Tuesday:
Jack Brown v. Kevin Smith, Mayor of the City of Anderson, et al.
United States District Court for the Southern District of Indiana, Indianapolis Division. Tanya Walton Pratt, Judge.
Civil. Affirms judgment for Jack Brown in his case where he sued the city of Anderson for not accommodating his disability when the city fired him for not having a commercial driver’s license he could not get because of his insulin-dependent diabetes. The court found that whether Brown needed a CDL was a matter of fact and not law, and was rightly decided by a jury. It also concluded Brown mitigated his damages by trying to start his own trailer hauling business.

Wednesday’s opinions
Indiana Court of Appeals
Anonymous M.D. and Anonymous Hospital v. Kenneth Lockridge, on behalf of Lily Lockridge, Rose Lockridge, and Kenneth Lockridge, Jr., Minors
Civil tort. Affirms ruling that a medical malpractice suit filed by minor children Lily, Rose and Kenneth Lockridge Jr. can proceed due to an exception in the Medical Malpractice Act, and the Act includes derivative lawsuits because the General Assembly did not exclude them when it drafted the legislation.

Deante Dalton v. State of Indiana
Criminal. Affirms Deante Dalton’s conviction of felony murder after the COA found the felony murder statute allows Dalton to be charged with the murder of his accomplice even though he didn’t actually commit the murder. Because he was engaged in robbery of a house at the time with his accomplice and knew his accomplice was armed, he contributed to his accomplice’s death.

Michael Eldridge v. State of Indiana (mem. dec.)
Criminal. Affirms Michael Eldridge’s convictions for residential entry, a Level 6 felony, and resisting law enforcement, a Class A misdemeanor. Remands Eldridge’s sentencing order for clarification.

Ervin R. Hall v. Richard Brown, in his capacity as Superintendent of Wabash Valley Correctional Facility (mem. dec.)
Miscellaneous. Affirms denial of Ervin Hall’s petition for writ of habeas corpus.

Philip H. Chamberlain v. State of Indiana, Connie Lawson, and Chris Naylor (mem. dec.)
Civil tort. Affirms dismissal of Philip Chamberlain’s tort complaint against Connie Lawson and Chris Naylor because Chamberlain’s complaint is the same as a previous complaint he filed in a different county.

In the Matter of the Termination of the Parent-Child Relationship of: S.L. and J.L. (Minor Children), and A.D. (Mother) v. The Indiana Department of Child Services (mem. dec.)
Juvenile. Affirms termination of mother’s parental rights.  

Douglas R. Cutter v. State of Indiana (mem. dec.)
Criminal. Affirms Douglas Cutter’s sentence for Level 5 felonies dealing in a narcotic drug and conspiracy to deal in a narcotic drug.

Rodney D. Lloyd v. State of Indiana (mem. dec.)
Criminal. Affirms revocation of Rodney Lloyd’s probation.

In the Matter of the Termination of the Parent-Child Relationship of D.G., J.G., and H.G. (Minor Children) and Je.G. (Mother); Je.G. (Mother) v. The Indiana Department of Child Services (mem. dec.)
Juvenile. Affirms termination of mother’s parental rights.

Sandra M. Bowers v. State of Indiana (mem. dec.)
Criminal. Affirms Sandra Bowers’ sentence for dealing in methamphetamine as a Level 3 felony.

Edward Brookins v. State of Indiana (mem. dec.)
Criminal. Affirms Edward Brookins’ convictions of possession of cocaine, a Level 6 felony; criminal trespass, a Class A misdemeanor; and resisting law enforcement, a Class A misdemeanor.

Todd A. Brown v. State of Indiana (mem. dec.)
Criminal. Reverses and remands Todd Brown’s conviction of driving while privileges were forfeited for life and orders him to be discharged because Brown’s counsel was ineffective when he did not move for discharge under Indiana Criminal Rule 4(C) when no action was taken in his case for more than a year.