Opinions Feb. 8, 2017

February 8, 2018

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Wednesday:
National Foundation for Special Needs Integrity, Inc. v. Devon Reese, as Personal Representative for the Estate of Theresa A. Givens.

Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Tanya Walton Pratt.
Civil. Reverses the district court’s ruling in favor of the National Foundation for Special Needs Integrity, Inc. in its dispute with Devon Reese as personal representative of the Estate of Theresa A. Givens. Finds Givens’ trust agreement is ambiguous on the question of the beneficiary of the trust. Also finds the overwhelming weight of evidence shows Givens intended for any remaining assets to pass to her children, rather than to the Foundation. Remands for entry of judgment for the estate and for an award of damages and prejudgment interest in favor of the estate.

Thursday opinions
Indiana Court of Appeals
T.M. v. B.S. (mem. dec.)

Adoption. Affirms the Bartholomew Superior Court’s order granting B.S.’s petition to adopt L.M. Finds the trial court did not err in finding T.M.’s consent to the adoption was not necessary, or that the adoption was in L.M.’s best interests.

Sarah M. Hinton v. Andrew J. Emmons (mem. dec.)
Juvenile paternity. Affirms the Hendricks Superior Court’s order awarding sole legal and physical custody of Sarah M. Hinton’s child to Andrew J. Emmons, the father. Finds Hinton failed to object to the trial court conducting a final hearing on April 13, 2017, so her objection is waived on appeal.

Robierre Jomokenya McNeil v. State of Indiana (mem. dec.)
Criminal. Affirms Robierre McNeil’s convictions for aggravated battery resulting in the death of a child less than 14 years of age as a Level 1 felony and neglect of a dependent as a Level 6 felony and his sentence to an aggregate of 40 years in the Indiana Department of Correction. Finds there was sufficient evidence beyond a reasonable doubt to convict McNeil. Also finds McNeil’s sentence is not inappropriate.

Karleen Spann Perry v. Larry Spann, and Madison Riverport, LLC c/o Anthony Hammock (mem. dec.)
Domestic relation. Affirms the denial of Karleen Spann Perry’s motion to correct error on the Jefferson Circuit Court’s order that all funds held in an escrow account pursuant to a previous order once again become an asset of Madison Riverport, LLC, with no future escrow required. Finds Perry’s general judgment lien did not survive a 2005 transfer, so she had no enforceable lien against the property held by Hammock.

Larry D. Blanton, Jr. v. State of Indiana (mem. dec.)
Criminal. Affirms the denial of Larry David Blanton, Jr.’s petition to file a belated appeal from the denial of his motion to correct erroneous sentence. Finds the Monroe Circuit Court did not err.

Thomas Downey v. State of Indiana (mem. dec.)
Criminal. Affirms Thomas Downey’s sentence to an aggregate of three years for his convictions of Level 5 felony criminal confinement, Level 6 felony battery against a public safety official, Class A misdemeanor battery resulting in bodily injury, Class A misdemeanor interference with reporting a crime and Class A misdemeanor resisting law enforcement. Finds Downey’s sentence is not inappropriate in light of the nature of his offenses and his character.