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Opinions July 26, 2017

July 26, 2017

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Tuesday:
Lawrence B. Lennon, et al. v. City of Carmel, Indiana, et al.
16-3836
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Jane. E. Magnus- Stinson.
Civil. Affirms the dismissal of the plaintiffs’ various claims in federal court challenging Carmel’s traffic ordinance. Finds only the “pre-adjudication” and deferral agreement claims can survive the Rooker-Feldman doctrine. Also finds the remaining claims fail to state a claim upon which relief can be granted. Finally, modifies the dismissal to dismiss all claims without prejudice, except the pre-adjudication and deferral agreement claims, which are dismissed with prejudice.

Wednesday opinions
7th Circuit Court of Appeals
Aaron Carson, et al., and Ronald Paulsin v. Lake County, Indiana
16-3665
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Magistrate Judge Paul R. Cherry.
Civil. Affirms the district court’s grant of summary judgment to Lake County, Indiana, on the plaintiffs’ federal age discrimination claim. Finds there is no evidence the county engaged in unlawful age discrimination. Also finds the plaintiffs’ equal protection claim fails because the undisputed facts show the county’s action was rationally related to a legitimate state interest: preserving supplement insurance coverage for its retirees while avoiding further financial hardship.

Indiana Court of Appeals
Paternity: J.A.B. v. S.E.D.W.
49A04-1611-JP-2474
Juvenile paternity. Affirms and reverses in part the Marion Circuit Court’s denial of J.B.’s petition to modify legal custody of G.G.B.W., contempt petition and motion for rule to show cause in which J.B. alleged S.W. was in violation of a paternity decree. Finds the trial court abused its discretion when it denied J.B.’s contempt petition and related motion for rule to show cause and his petition to modify legal custody of G.G.B.W. for the limited purpose of making medical vaccination decisions. Also finds the trial court abused its discretion when it required J.B. to contribute toward S.W.’s attorney fees. Remands.  

Calvin Merida v. State of Indiana (mem. dec.)
69A05-1703-PC-637
Post conviction. Affirms the denial of Calvin Merida’s petition for post-conviction relief. Finds there was no clear error in the Ripley Circuit Court’s conclusion that Merida was not prejudiced and thus was not entitled to post-conviction relief.

Jennifer Benson v. Denison Parking, Inc., et al. (mem. dec.)
49A02-1702-CT-372
Civil tort. Affirms the grant of summary judgment in favor of Denison Parking Inc. Finds the Marion Superior Court did not err in granting summary judgment in favor of Denison upon Jennifer Benson’s negligence claim.

Matthew R. Gouldsmith v. State of Indiana (mem. dec.)
55A01-1605-CR-1022
Criminal. Affirms Matthew Gouldsmith’s convictions of three counts of sexual misconduct with a minor as Class B felonies, one count of child exploitation as a Class C felony and two counts of voyeurism as Class D felonies and his sentence to an aggregate term of 31 years, with 11 years suspended to probation. Finds Gouldsmith has waived review of the Morgan Circuit Court’s denial of his for-cause challenges to certain members of the jury venire. Also finds portions of the probation conditions imposed upon Gouldsmith are overly broad. Reverses in part and remands the case for clarification of these provisions.

Marcus J. Gary v. State of Indiana (mem. dec.)
20A03-1611-CR-2739
Criminal. Affirms Marcus J. Gary’s 64-year sentence for felony murder. Finds Gary’s sentence is not inappropriate in light of the nature of his offense and his character.

Newton Kirk v. State of Indiana (mem. dec.)
49A02-1702-CR-243
Criminal. Affirms Newton Kirk’s aggregate sentence of 180 years for four counts of Class A felony child molesting, one count of Class C felony child molesting and a repeat sexual offender enhancement. Finds the Marion Superior Court did not abuse its discretion by failing to consider certain mitigating factors.

Brandon Thomas Woody v. State of Indiana (mem. dec.)
43A03-1611-CR-2610
Criminal. Affirms Brandon Thomas Woody’s murder conviction. Finds Tara Thornburg’s statements to officer Joe Denton were nontestimonial and their admission at trial did not violate Woody’s federal confrontation rights. Also finds Woody has failed to establish that evidence of him performing a rap while dancing with a handgun was unfairly prejudicial. Finally, finds there is no substantial likelihood that audio recordings of Woody performing three rap songs that were admitted as evidence contributed to his murder convictions.

 

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