Opinions July 8, 2016

July 8, 2016
KEYWORDS Opinions / neglect

The following opinions were posted after IL deadline Thursday:
7th Circuit Court of Appeals
United States of America ex rel. Sheet Metal Workers International Association, Local Union 20 v. Horning Investments LLC
U.S. District Court, Southern District of Indiana, Indianapolis Division. Judge Jane Magnus-Stinson.
Civil. Affirms summary judgment in favor of Horning Investments on the union’s lawsuit that Horning had paid its workers less than the Davis-Bacon Act requires. The union filed a qui tam action under the False Claims Act, but did not proffer enough evidence to permit a reasonable jury to conclude that the company acted with the requisite knowledge that its statements were false as the company relied on the advice of its accountants. Judge Posner dissents.

Indiana Supreme Court
Timmie Bradley v. State of Indiana
Criminal. Reverses denial of Bradley’s motion to suppress all evidence seized in the search of his home. Because police did not have a warrant, or warrant exception to justify entry into the home in the first place, the subsequent warrantless police searches, including the protective sweep, were unlawful and so the fruits of those searches must be suppressed. Rules Bradley’s houseguest did not have the apparent authority to consent to police entry into Bradley’s home.

Friday’s opinions

7th Circuit Court of Appeals
Arlington Capital, LLC v. Bainton McCarthy, LLC
U.S. District Court for the Northern District of Indiana, Fort Wayne Division, Judge Theresa L. Springmann.
Civil. Vacates a bankruptcy court ruling affirmed by the District Court to pay legal fees billed by Bainton McCarthy LLC and Smith Gambrell & Russell LLP for its services performed for a bankrupt estate. Because Arlington Capital, an unsecured creditor of the estate, it lacked standing to bring this suit challenging the fees. Remands to the District Court with instructions to dismiss for want of jurisdiction.

Indiana Court of Appeals
Brad L. Sullivan v. State of Indiana
Criminal. Reverses revocation of Sullivan’s community corrections placement. Based on the totality of the circumstances, including the nature of the violation – Sullivan’s commitment for mental health issues, and the sanction, an order he serve the sentence in the DOC – the trial court abused its discretion in finding his violation warranted revoking his community corrections placement. Remands for placement in community corrections.

Ariel Gomez v. State of Indiana
Criminal. Affirms one conviction of Class A misdemeanor domestic battery but reverses two other counts of the same crime because the acts alleged in the three counts were sufficiently compressed in terms of time, place, singleness of purpose and continuity of action so as to constitute a single transaction for purposes of the continuous crime doctrine.

Jeremiah Barnaby Ricks v. State of Indiana (mem. dec.)
Criminal. Affirms conviction and sentence for Level 6 felony battery.

In the Matter of J.F. (Minor Child), and L.F. (Mother) v. The Indiana Department of Child Services (mem. dec.)
Juvenile. Affirms on rehearing that child is in need of services.

Anthony G. Boyer v. State of Indiana (mem. dec.)
Criminal. Affirms convictions of Level 5 felonies dealing in methamphetamine and attempted dealing in methamphetamine.

L.M. v. Review Board of the Indiana Department of Workforce Development, et al. (mem. dec.)
Agency action. Affirms L.M. is ineligible for benefits.

Jeffrey M. Kaetzel, Marcia Kaetzel d/b/a J&M Construction v. Donald L. Woods, II and Kori M. McBrayer Woods (mem. dec.)
Civil collection. Affirms in part and reverses in part order resolving complaints against the Woodses and their counterclaims against the Kaetzels involving construction of a new home by the Kaetzels on the Woodses’ property. Remands with instructions.

Mark Smith v. Robert Bowling (mem. dec.)
Civil collection. Affirms order granting judgment in favor of Bowling after the parties had entered into a mediated settlement which provided for an accounting of the parties’ businesses.

Sauntio Carter v. State of Indiana (mem. dec.)
Criminal. Affirms conviction of Class A misdemeanor battery resulting in bodily injury.