Opinions Dec. 28, 2017

December 28, 2017

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Wednesday:
Abdullah Ennin v. CNH Industrial America, LLC

Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Richard L. Young.
Civil. Affirms the judgment in favor of CNH Industrial America, LLC in Abdullah Ennin’s discrimination case. Finds Ennin waived the admissibility of certain evidence CNH attacked as inadmissible, and without that evidence the record undisputedly shows CNH fired Ennin before it knew of his alleged disability or FMLA leave. Also finds nothing in the record support Ennin’s argument that CNH’s stated reasons for terminating him were pretextual, and CNH did not interfere with his right to take FMLA leave. Finally, finds Ennin’s federal conspiracy and state law negligent-supervision claims fail because they are derivative of underlying federal claims.

Thursday opinions
Indiana Court of Appeals
Coutar Remainder I, LLC, Kooshtard Property I, LLC, Mac's Convenience Stores, LLC, f/k/a Bigfoot Food Stores, LLC, and Union Fidelity Life Insurance Company v. State of Indiana

Civil plenary. Reverses grant of summary judgment in favor of the state of Indiana in its condemnation proceedings to take a parcel of land from Kooshtard Property I, LLC. Finds Kooshtard is entitled to a trial on damages on the state’s elimination of the Kooshtard property’s access to State Road 37. Remands for further proceedings.

Jeff West v. J. Greg Allen Builder, Inc., and Princeton Homes, and Greg Allen
Civil tort. Affirms and reverses in part the Johnson Superior Court’s ruling on Princeton Homes and Greg Allen Builder, Inc.’s complaint against Jeff West. Finds sufficient evidence supported the jury’s finding that West breached his fiduciary duty to GABI and that Greg Allen defamed West, and to support its award of $220,000 to GABI. Also finds the jury’s award of $150,000 in punitive damages to West based on the defamation was not supported by sufficient evidence.
Jason K. Jones v. State of Indiana (mem. dec.)
Criminal. Affirms Jason Jones’ conviction of Level 1 felony rape and Level 5 felony criminal confinement. Finds there was sufficient evidence to support Jones’ rape conviction. Also finds his convictions of rape and criminal confinement do not constitute double jeopardy.

Jesus Ortiz v. State of Indiana (mem. dec.)
Post-conviction. Affirms the denial of Jesus Ortiz’s petition for post-conviction relief. Finds Ortiz’s appellate counsel was not ineffective.

Christopher Washington v. State of Indiana (mem. dec.)
Post-conviction. Affirms the denial of Christopher Washington’s petition for post-conviction relief. Finds Washington’s trial and appellate counsel were not ineffective.

Phillip Herron v. First Financial Bank, N.A., and First Christian Missionary Baptist Church, Inc. and First Christian Charities, Inc. (mem. dec.)
Civil plenary. Reverses the grant of summary judgment to First Financial Bank, N.A. and the denial of Phillip Herron’s motion for summary judgment. Finds the Marion Superior Court erred in granting summary judgment to First Financial because Herron’s judgment lien was first in time. Remands to the trial court to enter judgment accordingly.

In re the Marriage of H.M.A. v. A.D.A. (mem. dec.)
Domestic relation. Affirms the modification of custody that gave primary physical custody of G.A. to A.D.A. and joint legal custody to A.D.A. and H.M.A. Finds the Bartholomew Superior Court did not abuse its discretion in modifying physical custody.

David Earl Ison v. State of Indiana (mem. dec.)
Post-conviction. Affirms the denial of David Earl Ison’s amended petition for post-conviction relief. Finds Ison has not demonstrated his entitlement to post-conviction relief on grounds of involuntariness of his pleas or the ineffective assistance of counsel. Also find the post-conviction court did not erroneously deny Ison’s PCR petition.

Antuan Harney v. State of Indiana (mem. dec.)
Criminal. Affirms the denial of Antuan Harney’s motion for discharge pursuant to Indiana Criminal Rule 4(B). Finds the Marion Superior Court did not abuse its discretion in striking Harney’s pro se speedy trial motion. Also finds the trial court did not clearly err in denying his motion for discharge.

Douglas Alan Burris v. State of Indiana (mem. dec.)
Criminal. Affirms Douglas Burris’ convictions of Level 6 felony possession of chemical reagents or precursors with intent to manufacture a controlled substance, Class B misdemeanor visiting a common nuisance, Level 6 felony possession of methamphetamine, Class A misdemeanor resisting law enforcement, Class B misdemeanor false informing and Class C misdemeanor possession of paraphernalia. Finds the Floyd Superior Court did not commit fundamental error in the admission of evidence. Also finds the trial court’s written sentencing statement contains a clerical error. Remands to the trial court to correct the sentencing statement.

Hoffman Adjustment Incorporated v. Neal Nussbaum, Essie Nussbaum, and Illinois Farmers Insurance Company (mem. dec.)
Civil plenary. Affirms and reverses in part the entry of judgment in favor of Essie Nussbaum and her sons, Kent and Neal, and Hoffman Adjustment Incorporated’s breach of contract claim, and the Lake Superior Court’s order vacating default judgment against Illinois Farmers Insurance Company. Finds Hoffman Adjustment made a prima facie case that the trial court erred on the breach of contract claim, but did not make a prima facie case on the default-judgment claim. Remands for a hearing on damages to determine what amount Hoffman Adjustment is owed.