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Opinions Aug. 3, 2017

August 3, 2017
KEYWORDS Opinions

The following 7th Circuit Court of Appeals opinions were posted after IL deadline Wednesday:
Kunta Gray v. Dushan Zatecky, Superintendent, Pendleton Correctional Facility
15-2482
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division.
Judge Sarah Evans Barker
Criminal. Affirms the denial of Kunta Gray’s petition for habeas corpus, finding that he did not qualify for equitable tolling for exceeding the one-year time limit for such petitions. The panel did not reach his arguments of ineffective assistance of counsel, whether striking black jurors violated Batson v. Kentucky, or whether Gray’s due process rights were violated by inaccurate questionnaire answers.

Denny Ray Anderson v. United States of America
15-2683
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Tanya Walton Pratt
Criminal. Remands the district court’s denial of Denny Ray Anderson’s motion for collateral relief from his conviction of being a felon in possession of a firearm following his guilty plea. Orders an evidentiary hearing on Anderson’s claims of ineffective assistance of counsel and mental competency.

Thursday’s opinions
Indiana Court of Appeals
11438 Highway 50, LLC, successor in interest to Regions Bank, successor by merger to Union Planters Bank, N.A., successor in interest to NBD Bank, N.A. v. Timothy John Luttrell
47A01-1702-PL-354
Civil plenary. Affirms the Lawrence Circuit Court’s Default Decree and Order on Plaintiff’s Motion to Award Surplus Property in favor of Timothy Luttrell. Finds the crane and saw are not fixtures subject to the lender’s mortgage liens.

Allison Nickels v. State of Indiana
09A02-1703-CR-534
Criminal. Reverses Allison Nickel’s convictions of domestic battery as a Level 6 felony and interference with reporting of a crime as a Class A misdemeanor. Finds the Cass Superior Court committed reversible error in denying Nickels’ her right to present closing argument before a verdict was announced. Remands for a new trial.

Ardis W. Tucker, Sr. and Sandra D. Tucker v. Tom Raper, Inc. and Clarke Power Services, Inc.
89A01-1702-CC-463
Civil collection. Reverses the dismissal of Ardis and Sandra Tucker’s complaint alleging breach of contract against Tom Raper Inc. and Clarke Power Services Inc. Finds the Wayne Circuit Court erred in dismissing the complaint. Remands for further proceedings.

Judith M. Edwards (n/k/a Judith Klemos) v. Allen O. Edwards, Deceased, and D. Juatrice Edwards, as Personal Representative of the Estate of Allen O. Edwards
64A03-1608-DR-1954
Domestic relation. Reverses the dissolution court’s order granting D. Juatrice Edwards’ Motion to Vacate Hearing and Orders Restraining Assets. Finds the dissolution court erred by dismissing the restraining order protecting the retirement and pension assets until they could be properly divided. Remands for further proceedings.

Luther T. Collins v. Metro Real Estate Services, LLC
88A05-1510-PL-1797
Civil plenary. Reaffirms the Indiana Court of Appeals’ original decision in full. Finds Metro Real Estate Services LLC’s sale of the dominant estate to a third party did not automatically render the easement by necessity issue moot. Also finds that whether an easement of necessity still exists is a matter to be litigated on remand between Luther T. Collins and the new property owner. Remands to the Washington Circuit Court for further proceedings.

S.E. v. Indiana Department of Child Services (mem. dec.)
84A01-1702-JC-358
Juvenile CHINS. Affirms the Vigo Circuit Court’s order adjudicating S.E.’s children as children in need of services. Finds the Department of Child Services presented sufficient evidence to support the trial court’s CHINS findings.

In the Matter of the Civil Commitment of S.T. v. Madison State Hospital (mem. dec.)
49A02-1610-MH-2401
Mental health. Affirms the denial of S.T.’s motion for dismissal of regular commitment. Finds Madison State Hospital presented clear and convincing evidence that S.T. is a danger to others.

 

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