Opinions March 29, 2017

Keywords Opinions

7th Circuit Court of Appeals
Eric Mains v. Citibank, N.A., et al.
Appeal from U.S. District Court for the Southern District of Indiana, New Albany Division. Judge Sarah Evans Barker.
Civil. Affirms dismissal of Eric Mains’ litigation challenging the impending foreclosure of his home. The state courts had resolved the claims he brought in the federal suit, so the district court properly dismissed the case. Modifies the judgment to show that most of his federal and state law claims are dismissed without prejudice and the remainder are dismissed with prejudice.

Indiana Court of Appeals
B.A. v. State of Indiana
Juvenile. Affirms juvenile court’s true finding that B.A. committed delinquent acts that would be Level 6 felony false reporting and Class A misdemeanor institutional criminal mischief if committed by an adult. The court correctly denied his motion to suppress and admitted his statements made in response to the questions from the vice principal at his school.

Jeremiah Edward Erickson v. State of Indiana
Criminal. Affirms Jeremiah Erickson’s conviction and 14-year sentence for Level 3 felony dealing in a schedule IV controlled substance. The trial court did not abuse its discretion in admitting evidence and his sentence is not inappropriate.

 Dominique Brianna Bowman v. State of Indiana
Criminal. Affirms convictions of Level 3 felony aggravated battery and Level 5 felony battery resulting in serious bodily harm. The trial court properly permitted the victim to remove her prosthetic in the presence of the jury.

Valerie Jamison v. Mason Holden (mem. dec.)
Juvenile. Reverses order modifying custody of J.H. to the child’s father. The trial court denied Valerie Jamison due process by the manner in which it conducted the modification hearing. Remands for full and complete hearing.

David Chamberlin v. Leslie Chamberlin (mem. dec.)
Domestic relation. Affirms order dissolving the Chamberlins’ marriage, in which the court awarded custody of the minor children to Leslie Chamberlin. The trial court did not abuse its discretion in awarding custody to the mother.

Danny R. Aiman v. State of Indiana (mem. dec.)
Criminal. Affirms convictions of Level 4 felony burglary and Level 6 felony theft, finding the state presented sufficient evidence to support the convictions.

John C. Parkinson v. Michael L. Parkinson and William L. Parkinson (mem. dec.)
Trust. Affirms the June 2016 denial of John Parkinson’s Trial Rule 60(B) motion for relief from judgment, in which he sought to vacate a prior judgment that dismissed his appeal with prejudice and assessed more than $17,000 in fees and costs against him. Parkinson was required to file a notice of appeal within 30 days of that judgment, but did not do so until nearly one year later.

Ricardo Ortiz v. State of Indiana (mem. dec.)
Criminal. Affirms convictions of possession of cocaine and marijuana, finding the search was proper and the state proved Ricardo Ortiz was in possession of the drugs that were found.

Josiah Keyes v. State of Indiana (mem. dec.)
Criminal. Affirms conviction of Level 3 felony aggravated battery, finding the exclusion of Josiah Keyes’ testimony was harmless error.

M.S. v. C.B. (mem. dec.)
Protective order. Affirms decision to issue a protective order, but reverses the condition prohibiting M.S. from possessing a firearm during the two-year term of the order. Remands for a new hearing because the trial court was mistaken in its belief it had to impose the prohibition.

Kraig Von Reese Brown v. State of Indiana (mem. dec.)
Criminal. Affirms dealing in cocaine conviction, finding sufficient evidence to support the conviction.

Roy Anthony Peters v. State of Indiana (mem. dec.)
Criminal. Affirms Roy Peters’ 15-year sentence after he pleaded guilty to Level 2 felony dealing in methamphetamine. Rejects his claim that his sentence should be served in the DOC’s Purposeful Incarceration Program.

Tin Nung v. State of Indiana (mem. dec.)
Criminal. Reverses one of Tin Nung’s two convictions for Class B misdemeanor public intoxication due to double jeopardy violations. Remands with instructions to vacate Count II regarding endangerment to others.

Louis H. Howard, Jr. v. State of Indiana (mem. dec.)
Criminal. Affirms revocation of home detention, finding the state provided Louis Howard sufficient notice that it was seeking to revoke it.

Green Fields LTD v. Hancock County, Indiana, acting by and through The Board of Commissioners of Hancock County, Indiana (mem. dec.)
Civil plenary. Affirms the appropriation of Green Fields LTD’s land by the county in order to improve a bridge on a county road that ran through a portion of the company’s property. Indiana law permits a condemning authority to acquire property in fee simple, and the county made a good-faith offer and effort to negotiate the purchase of the property.

Richard Davis v. State of Indiana (mem. dec.)
Criminal. Affirms Richard Davis’ Level 5 felony burglary conviction, finding sufficient evidence to support it.

Gary R. Anderson v. Jamie R. Anderson (mem. dec.)
Domestic relation. Reverses and remands with instructions to set aside Gary Anderson’s child support based on his actual earnings while incarcerated. The trial court erred in denying his motion to modify his child support obligation following his incarceration.

Adam Weddle v. Theresa Perry-Weddle (mem. dec.)
Domestic relation. Affirms modification of custody, awarding mother primary physical and sole legal custody. The trial court did not abuse its discretion in modifying the custody order.

Andrew Swank v. State of Indiana (mem. dec.)
Criminal. Affirms Andrew Swank’s conviction of Level 3 felony aggravated battery, finding the state rebutted his claim of self-defense.

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