Opinions Aug. 29, 2016

August 29, 2016

The following 7th Circuit Court of Appeals opinions were posted after IL deadline Friday:
Chris P. Lane v. Riverview Hospital
Appeal from U.S. District Court, Southern District of Indiana, Indianapolis Division. Judge Tanya Walton Pratt.
Civil. Affirms summary judgment for Riverview Hospital on ex-employee Lane’s lawsuit alleging race discrimination as the reason for termination his employment as a security guard. The undisputed evidence shows Lane struck a patient, which is a violation of the hospital’s policy.  

United States of America v. Djuane McPhaul
Appeal from U.S. District Court, Southern District of Indiana, Indianapolis Division. Judge Tanya Walton Pratt.
Criminal. Affirms McPhaul’s conviction of being a violent felon in possession of body armor. The pat-down search that revealed the body armor was lawful because officers had probable cause to stop him for minor traffic violations, driving on a suspended license and using a car to flee officers. Also affirms two sentencing guidelines enhancements.

Roy L. Ward v. Ron Neal, superintendent, Indiana State Prison
Appeal from U.S. District Court, Southern District of Indiana, Evansville Division. Chief Judge Richard L. Young.
Civil. Affirms denial of Ward’s petition for writ of habeas corpus relief. The Indiana Supreme Court’s decision that Ward suffered no prejudice from his counsel’s shortcomings at his second trial was reasonable and his claim under Strickland fails.

Monday’s opinions
Indiana Supreme Court

Michael Day v. State of Indiana
Criminal. Affirms Day’s disorderly conduct conviction. Concludes that the “fighting” subsection of the disorderly conduct statute does not contain a public disturbance element but does require a physical altercation. His intentional spitting provided sufficient evidence of a physical altercation.

Indiana Court of Appeals
Terex-Telelect, Inc. v. Anthony Wade
Civil tort. Affirms grant of Wade’s motion in limine seeking to exclude evidence of Terex-Telelect’s compliance with American National Standards Institute Standard A92.2. The law of the case doctrine bars admission of this evidence and also finds compliance with this standard is not relevant in this case.

City of Lawrenceburg, Indiana, Mayor of Lawrenceburg in his official capacity, Common Council of the City of Lawrenceburg in their official capacities v. Franklin County, Indiana, et al.
Civil plenary. Reverses denial of the city of Lawrenceburg’s motion to request a change of venue from Franklin County to Dearborn County on a breach of contract dispute. Remands for further proceedings to determine a new venue in accordance with Indiana Trial Rule 76(D).

Tyler Matthew McAfee v. State of Indiana (mem. dec.)
Criminal. Affirms sentence following guilty plea to Level 5 felony reckless homicide and Level 6 felony criminal recklessness.

Jackie Butler v. State of Indiana (mem. dec.)
Criminal. Affirms sentence for Level 4 felony unlawful possession of a firearm by a serious violent felon after a guilty plea.