Opinions July 17, 2017

July 17, 2017

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Friday:
Estate of Dennis Simpson, et al. v. Mark E. Gorbett, James Tindell, Jared Williams, Johnny York, Travis Harbaugh and Cory Lehman

Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Sarah Evans Barker.
Civil. Affirms the grant of summary judgment to six Bartholomew County employees. Finds the Estate of Dennis Simpson failed to provide sufficient evidence to prove its deliberate indifference and inhumane conditions claims.

Monday’s opinions
Indiana Court of Appeals

G.H. v. R.E. (mem. dec.)

Domestic relation. Affirms the Johnson Circuit Court’s order permitting R.E. to relocate to California with the children she shares with G.H. Finds there is sufficient evidence to support the order.
Andrew B. Nichols v. State of Indiana (mem. dec.)
Criminal. Affirms Andrew B. Nichols’ sentence to 14 years, with two years suspended to probation and a concurrent three-year sentence for his convictions of attempted robbery as a Level 3 felony and battery as a Level 5 felony. Finds the Allen Superior Court did not abuse its discretion in sentencing Nichols. Also finds Nichols has waived appellate review of the inappropriateness of his sentence and that, waiver notwithstanding, Nichols has failed to prove his sentence is inappropriate.

Corey M. Gardner-Shepard v. State of Indiana (mem. dec.)
Criminal. Affirms the Howard Superior Court’s order revoking Corey Gardner-Shepard’s probation and order that he serve 1,838 days of his previously suspended sentence. Finds the sanction for the violation of Gardner-Shepard’s probation violation is not erroneous. Also finds that any reviewable error in relation to the calculation of the credit time Gardner-Shepard is owed was invited.

Anthony Delarosa v. State of Indiana (mem. dec.)
Post-conviction. Affirms the denial of Anthony Delarosa’s petition for post-conviction relief. Finds Delarosa did not receive ineffective assistance from his trial or appellate counsel. Also finds Delarosa has not met his burden to show the post-conviction court’s judgment is contrary to law.