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Opinions June 28, 2017

June 28, 2017

The following opinions were posted after IL deadline Tuesday:
7th Circuit Court of Appeals
Home Care Providers, Inc., et al. v. Kelly Hemmelgarn, et al.; In RE: Nightingale Home Healthcare, Inc., Nightingale Home Healthcare, Inc. v. United States of America
16-2054, 16-3668 & 16-3669
Appeals from the United States District Court for the Southern District of Indiana, Indianapolis Division, Judge Larry J. McKinney.
Civil. Concludes in a consolidated appeal prompted by the federal government’s termination of Nightingale Home Healthcare’s Medicare provider agreement that Nightingale’s constitutional claims were jurisdictionally barred. Remands with instructions to dismiss those claims without prejudice. Vacates the judgment of the district court regarding Nightingale’s bankruptcy appeal and remands to the district court for further proceedings.

Indiana Supreme Court
Andy A. Shinnock v. State of Indiana
18S05-1706-CR-429
Criminal. Affirms trial court guilty but mentally ill conviction for Level 6 felony bestiality. The trial court did not err in admitting Andy Shinnock’s confessions because the state provided an inference that the crime occurred. Holds further that there is no requirement that all of the elements of the crime be proven prior to introduction of the confessions.

Wednesday’s opinions
Indiana Court of Appeals
Joseph Richardson v. State of Indiana (mem. dec.)
49A04-1609-CR-2196
Criminal. Affirms Joseph Richardson’s two convictions of felony child molesting, finding sufficient evidence and that the convictions do not violate the continuing crime doctrine.

In the Termination of the Parent-Child Relationship of: A.S., E.S., and N.S. (Minor Children), and K.S. (Mother) and D.S. (Father) v. The Indiana Department of Child Services (mem. dec.)
02A05-1701-JT-168
Juvenile. Affirms termination of mother and father’s parental rights, finding evidence is sufficient to support termination and is in the children’s best interests.

Brian Darnell Jurbrar Burns v. State of Indiana (mem. dec.)
49A02-1701-CR-4
Criminal. Affirms Brian Burns’ Class A misdemeanor theft conviction, finding sufficient evidence to sustain it.

Gary L. Watts v. State of Indiana (mem. dec.)
49A05-1611-CR-2647
Criminal. Affirms Gary Watts’ conviction and sentence for Level 5 felony burglary, finding sufficient evidence and that his sentence is not inappropriate.

Donald W. Campbell v. State of Indiana (mem. dec.)
45A03-1610-PC-2328
Post conviction. Affirms the denial of Donald Campbell’s petition for post-conviction relief, finding no prosecutorial misconduct or that Campbell had ineffective assistance of counsel.

Jeremy Lahr v. State of Indiana (mem. dec.)
02A03-1701-PC-136
Post conviction. Affirms the denial of Jeremy Lahr’s petition for post-conviction relief, finding he did not receive ineffective assistance of appellate counsel.

In the Termination of the Parent-Child Relationship of P.K. and R.K. and: R.D. (Father) v. The Indiana Department of Child Services (mem. dec.)
45A04-1611-JT-2584
Juvenile. Affirms termination of father’s parental rights, finding sufficient evidence, including termination is in the children’s best interests.

In the Matter of the Estate of John L. Thompson, Sr.: Sandra Riggs v. Marcee L. Brody and John L. Thompson, Jr. (mem. dec.)
79A02-1606-ES-1329
Estate. Reverses the jury verdict that set aside the will of John Thompson Sr. and assessed monetary damages against Sandra Riggs and in favor of her siblings. Finds the trial court abused its discretion when it excluded testimony regarding Thompson Sr.’s testamentary intent as a sanction for the violation of a motion in limine. Remands for retrial.

Stephen M. Haines v. State of Indiana (mem. dec.)
45A03-1611-PC-2620
Post conviction. Affirms the denial of Stephen Haines’ petition for post-conviction relief, finding the court did not err in denying his petition and his convictions do not violate the prohibition against double jeopardy.

Bruce Dewayne Thomas, III v. State of Indiana (mem. dec,)
71A03-1608-CR-1908
Criminal. Affirms Bruce Thomas’ murder conviction and the revocation of his probation, finding the trial court did not abuse its discretion in admitting into evidence statements he made to a detective or by not instructing the jury on the offenses of voluntary and involuntary manslaughter.

George Stigger v. State of Indiana (mem. dec.)
49A02-1612-CR-2822
Criminal. Affirms George Stigger’s conviction of Class A misdemeanor theft, finding evidence is sufficient to sustain the conviction.

Noe Rico-Navarro v. State of Indiana (mem. dec.)
49A02-1609-CR-2201
Criminal. Affirms the denial of Noe Rico-Navarro’s petition for post-conviction relief, finding he did not receive ineffective assistance of counsel.

John McAllister v. State of Indiana (mem. dec.)
29A02-1702-CR-242
Criminal. Affirms John McAllister’s convictions of Level 5 felonies fraud on a financial institution and attempted fraud on a financial institution, finding sufficient evidence to sustain the convictions and that his aggregate seven-year sentence is not inappropriate.

 

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