Opinions June 27, 2017

June 27, 2017

7th Circuit Court of Appeals
The following opinions were issued after IL deadline Monday.
John Simpson v. Brown County, et al.
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division, Judge Tanya Walton Pratt.
Civil. Reverses dismissal of John Simpson’s complaint against Brown County and other defendants he sued after his license to install and repair septic systems was revoked by the county board of health. Simpson has stated a claim for a violation of procedural due process because his license was revoked without notice and an opportunity to be heard, and the county identified no state law remedy that could vindicate his rights. Remands for further proceedings.

1st Source Bank v. Joaquim Salles Leite Neto
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge William C. Lee.
Civil. Affirms denial of Joaquim Neto’s motion seeking injunctive anti-suit relief to prevent 1st Source from pursuing its claims against him in parallel litigation in Brazil. Because the airplane used as collateral to secure a $6 million loan was in Brazil, First Source was permitted by the language of the loan guarantee to pursue the parallel litigation to secure its interest.

Tuesday’s opinions
Indiana Court of Appeals
In the Matter of the Civil Commitment of: M.L. v. Eskenazi Health/Midtown Mental Health CMHC
Mental health.  Majority affirms in part, reverses in part and remands with instructions the trial court’s grant of Eskenazi’s request for temporary commitment. A special condition prohibiting M.L. from consuming alcohol or drugs not prescribed by a doctor was not sufficiently supported by the evidence. The trial court is instructed to strike the special condition from the order of commitment. Judge Cale Bradford dissents and would affirm the trial court. Denies Eskenazi’s “remarkable” request for appellate attorney fees from the Marion County Public Defender Agency.

Pierre Burdette v. State of Indiana (mem. dec.)
Criminal. Affirms trial court imposition of an executed sentence as a sanction for Pierre Burdette’s probation violation, finding the trial court did not abuse its discretion.

Carrie Baker v. Michael Baker (mem. dec.)
Domestic relation. Affirms trial court’s grant of Michael Baker’s motion to dismiss his ex-wife’s motion to reopen the parties’ dissolution settlement proceedings after the discovery six years later of undisclosed assets. Wife’s motion was not filed within the one-year time limit under Trial Rule 60(B)(3).

In the Termination of the Parent-Child Relationship of: C.M. (Minor Child) And H.M. (Mother) v. The Indiana Department of Child Services (mem. dec.)
Juvenile. Affirms termination of mother H.M.’s parental rights to minor child C.M., finding the trial court did not clearly err and there is clear and convincing evidence to support the trial court determinations.

Pierre Burdette v. State of Indiana (mem. dec.)
Criminal. Affirms Pierre Burdette’s aggregate one-year sentence following his guilty pleas to Class A misdemeanor counts of interference with the reporting of a crime and invasion of privacy, and Class B misdemeanor criminal mischief. The trial court did not abuse its discretion and the sentence is not inappropriate in light of the nature of the offenses or Burdette's character.

Darryl L. Calvin v. State of Indiana (mem. dec.)
Criminal. Affirms conviction of Level 4 felony burglary and adjudication as a habitual offender. The state presented sufficient evidence to support the habitual offender adjudication.

Adrian Vergara v. State of Indiana (mem. dec.)
Criminal. Affirms conviction of Level 4 felony child molesting, finding the evidence sufficient to support the conviction.