Opinions Aug. 4, 2016

August 4, 2016

The following 7th Circuit Court of Appeals decision was posted after IL deadline Wednesday:
United States of America v. George E. Robey
Appeal from U.S. District Court, Southern District of Indiana, Indianapolis Division. Judge Sarah Evans Barker.
Criminal. Affirms convictions and 110-month sentence for four counts of trafficking in vehicles with altered VINs, and two counts of making, uttering and possessing counterfeit state securities.  His right to a speedy trial was not violated, the District Court did not err in allowing the government to amend the indictment by dropping 19 of the 25 charges and the court did not err at sentencing by finding that Robey’s theft of 10 vehicles, in addition to the 4 forming the basis of his conviction, constituted relevant conduct.

Thursday’s opinions
7th Circuit Court of Appeals
Glenn Patrick Bradford v. Richard Brown, superintendent
Appeal from U.S. District Court, Southern District of Indiana, Terre Haute Division. Judge Jane Magnus-Stinson.
Civil. Denies Glenn Bradford’s request for a new trial on 1992 murder and arson charges. Bradford had his chance and failed to present reliable evidence that would establish his innocence of the arson and murder. Judge Hamilton dissents with separate opinion, believing the court should order a new trial to test all the relevant evidence.

Indiana Court of Appeals
David Shelton, as Personal Representative of the Estate of Sharon K. Clearwaters v. Kroger Limited Partnership I
Civil tort. Reverses a trial court grant of partial summary judgment to Kroger, named as a defendant in a wrongful death case brought under the Medical Malpractice Act. The trial court erred because Kroger, which filled a prescription for a drug that caused a fatal interaction, was not exempted from the Comparative Fault Act after Clearwaters’ caregivers settled. Kroger was not entitled to a credit or offset with relation to Shelton’s settlements with the caregivers. Remands for proceedings with instructions that Kroger may only seek to limit its liability through its asserted non-party defense.

Marcus Zanders v. State of Indiana
Criminal. Majority reverses Zanders’ convictions of two counts of Level 3 felony robbery with a deadly weapon, two counts of Level 4 felony possession of a firearm by a serious violent felon and adjudication as a habitual offender. The warrantless seizure of Zanders’ cellphone records from his service provider that connected him to two liquor store armed robberies violated his Fourth Amendment protections against unreasonable search and seizure. Holds that Zanders had a reasonable expectation of privacy in the historical location data generated by his cellphone and collected by his provider.  Judge James Kirsch dissents, finding precedent in a recent U.S. Court of Appeals Fourth Circuit ruling that there is no reasonable expectation of privacy in historical cell-site location records maintained by providers.
Harold E. Chastain v. State of Indiana
Criminal. Affirms conviction of Class C felony intimidation. Concludes that a conviction under the intimidation statute should not depend upon a precise parsing of the threatening language used by the defendant or a detailed timely of when a threat was issued in relation to a prior lawful act. Finds sufficient evidence to support Chastain’s conviction.

Schuchman/Samberg Investments, Inc. v. Hoosier Penn Oil Co. Inc., et al.
Miscellaneous. Affirms on interlocutory appeal the grant of summary judgment in favor of defendants Hoosier Penn Oil Co., et al., on Schuchman/Samberg Investment’s claims under Indiana’s Environmental Legal Actions Statute and Petroleum Releases Statute. SSI’s Environmental Legal Actions Statute claim is subject to the six-year statute of limitations and the date that triggers the limitations period is in July 1998,putting SSI’s 2009 claim outside of the statute of limitations. Affirms the Petroleum Releases Statute does not provide SSI with a right to recover from the former operators under the circumstances of this case.

Samuel Sutton v. State of Indiana (mem. dec.)
Criminal. Affirms revocation of probation.

Alison Truelove v. Graham M. Hennessey (mem. dec.)
Domestic relations. Affirms trial court order modifying custody and awarding custody to Hennessey.

Clarence Parsley v. State of Indiana (mem. dec.)
Criminal. Affirms convictions of murder and Class B felony prisoner possessing device or material.

Tara L. Wakefield v. State of Indiana (mem. dec.)
Criminal. Affirms one-and-a-half-year sentence for conviction of Level 6 felony unlawful possession of a syringe.

Nikia Hayes v. State of Indiana (mem. dec.)
Criminal. Affirms conviction of Class D felony theft.

Robert Faulds v. Jennifer Faulds (mem. dec.)
Domestic relations. Reverses trial court order calculating Jennifer Faulds’ arrearage of child support and remands. The trial court abused its discretion when it credited Jennifer Faulds’ child support arrearage with nonconforming payments.  

Anthony Wheeler v. State of Indiana (mem. dec.)
Post conviction. Affirms denial of post-conviction relief.

Penelope M. Edwards v. Eric M. Edwards (mem. dec.)
Domestic relations. Affirms denial of Penelope M. Edwards’ motion to modify custody and its finding of contempt in favor of Eric M. Edwards.