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Opinions Jan. 23, 2018

January 23, 2018
KEYWORDS Opinions

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Monday:

Talal S. Hamdan, M.D. v. Indiana University Health North Hospital, Inc.

16-1074
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge William T. Lawrence.
Civil. Affirms the jury verdict in favor of Indiana University Health North Hospital, Inc. on Dr. Talal Hamdan’s racial discrimination claim. Finds the district court did not abuse its discretion in allowing the hospital to ask him impeachment questions relating to his prior work at other hospitals.

Tuesday opinions

7th Circuit Court of Appeals


United States of America v. Ruben Mancillas
17-1254
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge William T. Lawrence.
Criminal. Vacates Ruben Mancillas’ sentence to 100 months for his conviction of two counts of possessing ammunition as a felon. Finds the Indiana offense of strangulation is a crime of violence for Sentencing Guidelines purposes, so the district court did not err in calculating Mancillas’ base offense level. Also finds the court summarily denied Mancillas’ clear and unequivocal request to represent himself at sentencing and failed to conduct a Faretta colloquy. Remands for resentencing.

Indiana Court of Appeals

Michael R. Krohn v. William C. Goodwin
45A03-1707-CT-1546
Civil tort. Affirms the award of $9.13 million in compensatory and punitive damages to William C. Goodwin on his tort claims against Michael R. Krohn. Finds Krohn presented no legal grounds to warrant reversal of the jury’s award.

CRIT Corp. and Peoplelink, LLC v. William J. Wilkinson, Hoosier Investments, LLC, Peter G. Trybula, and Barnes & Thornburg LLP
71A03-1705-PL-982
Civil plenary. Affirms the dismissal of CRIT Corp. and Peoplelink, LLC’s complaint against Peter G. Trybula and Barnes & Thornburg LLP for breach of fiduciary duty and legal malpractice. Finds the St. Joseph Superior Court did not err when it dismissed Peoplelink’s initial complaint alleging breach of fiduciary duty. Also finds the trial court did not err in granting B&T’s motion to dismiss Peoplelink’s second amended complaint.

Steve Webb v. Ronald "Ron" Ellis (mem. dec.)
10A01-1604-MI-822
Miscellaneous. Dismisses Steve Webb’s appeal of the Clark Circuit Court’s reversal of a recount commission’s certification of Jeffersonville City Council election results listing Webb as the third-place finisher. Finds the order reversing the commission’s certification is not a final, appealable order. Also finds Webb failed to have the order certified for discretionary interlocutory appeal. Remands for further proceedings.

Kurt J. Kemp v. State of Indiana (mem. dec.)
90A05-1707-CR-1622
Criminal. Affirms the denial of Kurt J. Kemp’s motion to withdraw his guilty plea. Finds Kemp did not present the issues he raises on appeal to the Wells Circuit Court, so those issues are waived.

Michelle Robin Lord v. State of Indiana (mem. dec.)
47A01-1707-CR-1696
Criminal. Affirms Michelle Robin Lord’s conviction for Level 6 felony operating a vehicle while intoxicated endangering a person. Remands with instructions to vacate Lord’s conviction and sentence to Level 6 felony OWI with an alcohol concentration equivalent of .08 or more. Finds the evidence was sufficient to support Lord’s convictions. Also finds the entry of judgment on both convictions violates double jeopardy principles.

Jaclyn M. Edgell v. State of Indiana (mem. dec.)
48A05-1707-CR-1508
Criminal. Affirms the revocation of Jaclyn M. Edgell’s probation. Finds there was sufficient evidence to support the finding of attempted dealing in methamphetamine. Also finds the Madison Circuit Court did not abuse its discretion when it ordered Edgell to execute her previously-suspended sentence in its entirety.

Jose G. Echartea-De La Suente v. State of Indiana (mem. dec.)
48A02-1706-CR-1280
Criminal. Affirms Jose G. Echartea-De La Suente’s conviction for two counts of Class A felony child molesting, two counts of Class C felony child molesting and one count of Class C felony attempted child molesting. Finds the state presented sufficient evidence beyond a reasonable doubt to support Echartea-De La Suente’s conviction for one count of Class A felony child molesting. Also finds the Madison Circuit Court did not abuse its discretion in sentence Echartea-De La Suente to an aggregate of 70 years. Finally, finds Echartea-De La Suente’s sentence is appropriate in light of the nature of the offense and his character.

Dewayne Perry v. State of Indiana (mem. dec.)
49A02-1706-PC-1526
Post-conviction. Affirms the dismissal of Dewayne Perry’s post-conviction relief petition. Finds the post-conviction court did not err in dismissing the petition after finding Perry had not requested and received permission from the appellate court to pursue a successive PCR petition.

Justin Shane Brabson v. State of Indiana (mem. dec.)
32A05-1707-CR-1678
Criminal. Affirms Justin Shane Brabson’s sentence to 72 years for the murder of his brother and the use of a firearm. Finds Brabson’s sentence is not inappropriate based on the nature of his offense and his character.

Eric Reed Johnson, Sr. v. State of Indiana (mem. dec.)
49A02-1708-CR-1855
Criminal. Affirms Eric Reed Johnson, Sr.’s conviction for Level 6 felony strangulation. Finds the Marion Superior Court as the trier of fact could find beyond a reasonable doubt that Johnson committed Level 6 felony strangulation.

Anthony L. Gilliam v. State of Indiana (mem. dec.)
20A05-1706-CR-1347
Criminal. Affirms Anthony Gilliam’s convictions of two counts of Level 1 felony child molesting. Finds the Elkhart Superior Court did not abuse its discretion when it admitted M.S.’s video-recorded forensic interview into evidence. Also finds the state provided sufficient evidence to support Gillam’s convictions of child molesting.

In re the Adoption of T.C. (Minor Child), S.A. v. S.S. (mem. dec.)
82A04-1707-AD-1590
Adoption. Affirms the Vanderburgh Superior Court’s determination that S.A.’s consent to the adoption of T.C. was unnecessary. Finds the trial court did not abuse its discretion or affront S.A.’s rights to due process by denying his motion to continue. Also finds the trial court did not clearly err in determining S.A.’s consent to the adoption was unnecessary.

D.G. v. State of Indiana (mem. dec.)
49A05-1708-JV-1797
Juvenile. Affirms D.G.’s adjudication as a delinquent child for dealing a lookalike substance to LSD. Finds the state presented sufficient evidence to support D.G.’s conviction. Judge Rudolph Pyle dissents with separate opinion.

Jarvis D. Johnson, Jr. v. State of Indiana (mem. dec.)
49A02-1707-CR-1666
Criminal. Vacates Jarvis Johnson, Jr.’s conviction of criminal mischief as a Class B misdemeanor. Finds Johnson’s convictions for criminal mischief and battery as a Class A misdemeanor violate Indiana’s prohibition against double jeopardy because a single act was used to support the two convictions. Also finds the Marion Superior Court did not err in the imposition of probation fees. Remands for the trial court to determine if Johnson is indigent for purposes of paying the costs and probation fees.

Steven R. Burton v. State of Indiana (mem. dec.)
03A05-1707-CR-1591
Criminal. Affirms Steven R. Burton’s sentences under two separate causes. Finds the Bartholomew Superior Court properly decide not to award Burton’s guilty plea and admission any mitigating weight. Also finds the trial court did not abuse its discretion in reinstating Burton’s previously-suspended sentence.

Randall S. Slaten v. State of Indiana (mem. dec.)
55A01-1707-CR-1534
Criminal. Affirms Randall S. Slaten’s conviction for robbery as a Level 3 felony. Finds the Morgan Superior Court did not commit fundamental error in instructing the jury.

Donald Wilson v. State of Indiana (mem. dec.)
71A03-1704-CR-830
Criminal. Affirms Donald Wilson’s murder conviction. Finds any error in ordering Wilson to display a tattoo is harmless. Also finds the St. Joseph Superior Court did not abuse its discretion in admitting hearsay testimony.

L.D.W. v. State of Indiana (mem. dec.)
02A04-1707-JV-1645
Juvenile. Affirms the order awarding wardship of L.D.W. to the Department of Correction for housing in a correctional facility for children. Finds the Allen Superior Court did not abuse its discretion.

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