Opinions Jan. 24, 2018

January 24, 2018

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Tuesday:
William Hurt, Deadra Hurt and Andrea Hurt v. Matthew Wise, et al.

17-1771, -1777
Appeals from the United States District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Jane Magnus-Stinson.
Affirms in part the denial of qualified immunity to the Evansville and Kentucky State police departments and individual officers. Reverses the denial of qualified immunity to officers William Arbaugh and Jason Pagett on Deadra Hurt’s malicious prosecution claim. Finds the district court properly denied qualified immunity. Also finds Arbaugh and Pagett were entitled to qualified immunity on the malicious prosecution claim. Also finds the district court should have eliminated the substantive due process theory.

Indiana Court of Appeals
David Wright v. State of Indiana

Criminal. Reverses David Wright’s convictions of four counts of child molestation committed by a person at least 21 years of age, each as Level 1 felonies. Finds the Blackford Circuit Court erred in admitting evidence.

In the Matter of the Termination of the Parental Rights of: A.R. and P.H. (Children), and, L.H. (Mother) v. Indiana Department of Child Services (mem. dec.)
Juvenile termination of parental rights. Affirms the termination of L.H.’s parental rights to her children, A.R. and P.H. Finds there was sufficient evidence to sustain the termination of L.H.’s parental rights.

Kenny Purvis v. State of Indiana (mem. dec.)
Criminal. Grants in part Kenny Purvis’ petition for rehearing for the purpose of addressing his assertion that the Court of Appeals relied on mistaken statements of facts when it affirmed his conviction. Finds a reasonable fact-finder could infer from the facts Purvis alleges are true that he committed the crimes with which he was charged. Also finds the record support a conclusion that Purvis acted as an accomplice by knowingly or intentionally aiding, inducing or causing another person to commit thefts. Reaffirms the original decision and denies Purvis’ petition in all other respects.

Bonita M. Richardson v. State of Indiana (mem. dec.)
Criminal. Affirms the revocation of Bonita Richardson’s placement with Elkhart County Community Corrections, the order for her to execute the balance of her sentence with the Indiana Department of Correction and her sentence to one year for her conviction of Level 6 felony failure to return to lawful detention. Finds the Elkhart Superior Court did not err in its consideration of mitigating factors. Also finds Richardson’s sentence is not inappropriate.

Matthew R. Frazier v. State of Indiana (mem. dec.)
Criminal. Affirms Matthew Frazier’s sentence of six years of incarceration, with two years suspended to probation, for his conviction of Level 4 felony dealing in methamphetamine. Finds Frazier’s sentence is not inappropriately harsh.

Michael Todd Gregg v. State of Indiana (mem. dec.)
Criminal. Affirms the revocation of Michael Todd Gregg’s probation under four separate causes and the order for him to serve the remainder of his previously suspended sentences in the Indiana Department of Correction. Finds any error in the admission of evidence was harmless. Also finds the Madison Circuit Corut did not abuse its discretion when it ordered Gregg to serve the remainder of his sentences in the DOC.

Mark Novak v. State of Indiana (mem. dec.)
Criminal. Affirms the revocation of Mark Novak’s probation. Finds the revocation order did not violate Novak’s due process rights. Also finds the LaPorte Circuit Court did not err by ordering Novak to execute the entirety of his suspended sentences with the Indiana Department of Correction.

Ronald Lidy v. State of Indiana (mem. dec.)
Criminal. Affirms the revocation of Ronald Lidy’s probation. Finds the state presented sufficient evidence to support the revocation decision.

Jourdan Anthony Davis v. State of Indiana (mem. dec.)
Criminal. Reverses in part Jourdan Davis’ convictions of two counts of Level 6 felony possession of a narcotic drug, one count of Level 6 felony possession of cocaine and one count of Class B misdemeanor disorderly conduct. Finds the state presented insufficient evidence to support Davis’ disorderly conduct conviction. Remands with instructions to vacate the disorderly conduct conviction.

Torri Newman v. State of Indiana (mem. dec.)
Criminal. Affirms Torri Elliott Newman’s conviction of Class A felony dealing in cocaine. Finds the Hamilton Superior Court did not abuse its discretion by denying Newman’s motion to dismiss, admitting evidence found as a result of Newman’s arrest, or admitting evidence of cocaine found at his residence.

J.W. v. C.W. (mem. dec.)
Domestic relation. Affirms the order granting C.W.’s motion to amend his mediation settlement with J.W. and to hold J.W. in contempt. Finds the Vanderburgh Superior Court did not err in modifying the mediated agreement to require the children to discontinue homeschooling, and any error in the exclusion of academic testing evidence would be considered harmless. Also finds the trial court acted within its discretion in finding J.W. to be in contempt and in ordering her to pay attorney fees as a result. Finally, finds J.W. has waived any claim regarding a violation of due process, and C.W. was not entitled to an award of appellate attorney fees.