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Opinions Aug. 31, 2016

August 31, 2016

The following 7th Circuit Court of Appeals opinions were posted after IL deadline Tuesday:
Rebirth Christian Academy Daycare Inc v. Melanie Brizzi and Michael Gargano
15-2220
Appeal from U.S. District Court, Southern District of Indiana, Indianapolis Division. Judge Sarah Evans Barker.
Civil. Vacates judgment only to the extent that it dismisses Rebirth’s individual-capacity claims against Brizzi and Gargano. The complaint adequately alleges the defendants deprived Rebirth of a property interest without first providing an opportunity for some type of rehearing. Remands for further proceedings.

United States of America v. Joshua A. Waldman
15-1756
Appeal from U.S. District Court, Southern District of Indiana, Terre Haute Division. Judge Jane Magnus-Stinson.
Criminal. Affirms Waldman’s conviction of forcibly assaulting a correctional officer after head butting him during an argument about a pat-down search. He failed to prove at least one of the required components of his self-defense argument.

Wednesday’s opinions
Indiana Court of Appeals

George P. Broadbent, and Plainfield Village, LP v. Fifth Third Bank
32A01-1602-MF-345
Mortgage foreclosure. Affirms summary judgment for the bank. The trial court properly interpreted the guaranties of the contract and applied the guaranties’ terms to calculate Broadbent’s liability.

John Prater v. State of Indiana
85A02-1602-CR-344
Criminal. Reverses and remands for the trial court to sentence Prater in compliance with I.C. 35-383-3(d) for Level 6 felony aiding in dumping controlled substance waste. Affirms imposition of 1-1/2 year sentence.

Howard B. Gutenstein v. State of Indiana
46A04-1511-CR-1892
Criminal. Affirms on interlocutory appeal the denial of Gutenstein’s motion to dismiss and motion to suppress evidence of his blood alcohol concentration. The blood draw was reasonable and did not violate Gutenstein’s rights under the U.S. or Indiana constitutions.  Finds the trial court did not abuse its discretion in denying his motion to dismiss, among other reasons, because Gutenstein had operated his car at some point while intoxicated, even if he wasn’t operating it at the time of the fatal accident. (He had parked it in a lane of an interstate in the early morning hour and was standing in the grassy area beside the road.)

Tina Herron v. City of Indianapolis
49A02-1602-OV-370
Ordinance violation. Reverses $1,000 fine as a sanction for Herron’s indirect contempt of court in a civil proceeding. The sanction was impermissibly punitive. Remands with instructions to vacate the sanction.

Pinnacle Properties Development Group, LLC v. Christina Jackson and James Jackson (mem. dec.)
10A04-1512-SC-2146
Small claim. Affirms judgment granting claim for eviction against the Jacksons but denies Pinnacle’s claim for damages.

In Re: The Termination of the Parent-Child Relationship of J.B., Jr. (Minor Child); M.D. (Mother) v. Ind. Dept. of Child Services (mem. dec.)
45A03-1602-JT-403
Juvenile tort. Affirms termination of parental rights.

Shane P. Cooper v. State of Indiana (mem. dec.)
34A05-1511-CR-1992
Criminal. Affirms sentence following guilty plea to Level 2 felony voluntary manslaughter.

Kelly J. Hudson f/k/a Kelly J. Freidline v. Ted Freidline (mem. dec.)
49A02-1508-DR-1289
Domestic relation. Affirms in part, reverses in part and remands order regarding child support, college expenses and contempt of court. The trial court erred in concluding that father was not in arrears on his child support obligation and in ordering mother to pay for 59 percent of their son’s uninsured medical expenses because these expenses were incurred prior to Father’s petition to modify. The trial court did not abuse its discretion in finding mother in contempt of court for failing to complete the court-ordered mediation, nor did the court abuse its discretion in requiring son to undergo therapy as a condition to his parents being required to pay for a portion of his college expenses.

Donte D. Lane v. State of Indiana (mem. dec.)
49A02-1511-CR-1948
Criminal. Affirms convictions of Level 1 felony attempted murder.

Erique Raggs v. State of Indiana (mem. dec.)
71A05-1510-CR-1831
Criminal. Affirms convictions of murder and attempted murder.

Jaquecke Hughes v. State of Indiana (mem. dec.)
49A05-1601-CR-10
Criminal. Reverses conviction of Class B misdemeanor disorderly conduct.

Beth Ann Bailey v. State of Indiana (mem. dec.)
82A01-1511-CR-2024
Criminal. Dismisses Bailey’s appeal of the court’s interlocutory order, which granted in part and denied in part her motion to suppress evidence.

Matthew Grayson v. State of Indiana (mem. dec.)
71A05-1506-CR-649
Criminal. Affirms convictions of three counts of Class A felony child molesting and one count of Class C felony vicarious sexual gratification.

In re the Marriage of: David A. Anzelmo v. Elizabeth M. Anzelmo (mem. dec.)
17A03-1512-DR-2170
Domestic relations. Reverses modification of custody and parenting time. Affirms denial of father’s motion to continue. Judge Crone concurs in part and dissents in part.

Paul R. Nichols v. State of Indiana (mem. dec.)
02A05-1511-CR-2082
Criminal. Affirms conviction of Class C felony fraud on a financial institution.

Jackie Butler v. State of Indiana (mem. dec.)
34A04-1512-CR-2238
Criminal. Affirms conviction of Level 4 felony unlawful possession of a firearm by a serious violent felon and remands with instructions to revise the sentencing order.

Mark D. Vaughn v. State of Indiana (mem. dec.)
30A01-1512-CR-2141
Criminal. Reverses Vaughn’s conviction for Level 6 felony theft and remands with instructions to vacate it and enter judgment as Class A misdemeanor theft. Affirms conviction of Level 4 felony burglary and habitual offender adjudication.
 
Martin Pineda Tovar a/k/a Martin Estrada v. State of Indiana (mem. dec.)
15A01-1508-PC-1112
Post conviction. Affirms denial of petition for post-conviction relief.

Ernest Davis v. State of Indiana (mem. dec.)
49A02-1509-PC-1345
Post-conviction. Affirms denial of petition for post-conviction relief.

Vino Mason v. State of Indiana (mem. dec.)
49A04-1511-CR-1881
Criminal. Affirms conviction of Class D felony resisting law enforcement.

Hilton Hazelwood v. State of Indiana (mem. dec.)
82A01-1511-CR-2039
Criminal. Dismisses discretionary interlocutory appeal in which Hazelwood attempts to appeal the interlocutory order which granted in part and denied in part his motion to suppress evidence.

 

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