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Opinions Sept. 18, 2017

September 18, 2017

7th Circuit Court of Appeals
Jeff Monroe v. Indiana Department of Transportation and Joe McGuinness
16-1959
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Sarah Evans Barker.
Civil. Affirms the district court’s grant of summary judgment to the Indiana Department of Transportation and Joe McGuinness. Finds Jeff Monroe failed to provide sufficient evidence that the reason for his termination was pretextual. Also finds Monroe failed to establish similarly situated employees were treated differently than he was.

Indiana Court of Appeals
Carla S. Arthur, as Special Representative of the Estate of Mitch Arthur, deceased v. MacAllister Machinery Co., Inc., and MacAllister Rental, LLC
42A01-1610-CT-2307
Civil tort. Affirms the grant of summary judgment in favor of MacAllister Machinery Co. Inc. and MacAllister Rental LLC on the estate’s negligence claim. Finds MacAllister owed no duty to Mitch Arthur to inquire as to the application for the boom lift’s use or to train or offer to train him regarding operation of the lift.

James Vibbert v. State of Indiana (mem. dec.)
49A04-1704-CR-665
Criminal. Affirms James Vibbert’s conviction of Class A misdemeanor domestic battery. Finds the evidence is sufficient to sustain Vibbert’s conviction.

Richard Dale Guthrie v. State of Indiana (mem. dec.)
54A04-1703-CR-515
Criminal. Affirms Richard Dale Guthrie’s convictions for Level 6 felony possession of a syringe and Class C misdemeanor possession of paraphernalia. Finds Guthrie voluntarily consented to a search that was a condition of him accepting a complimentary ride from a police officers after his SUV broke down on the side of the road. Also finds the officer was well within the scope of Guthrie’s consent when he found a syringe and spoon.

Jaron D. Johnson v. State of Indiana (mem. dec.)
18A02-1701-CR-169
Criminal. Affirms Jardon D. Johnson’s conviction of Level 2 felony burglary with a deadly weapon and his sentence to 17 years, with 14 years executed and three years suspended to probation. Finds any error from the Delaware Circuit Court’s admission of Johnson’s post-arrest statements amounted to harmless error. Also finds Johnson’s sentence is not inappropriate.

 

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