Opinions March 7, 2018

March 7, 2018

7th Circuit Court of Appeals
Akeem Daniels, Cameron Stingily, and Nicholas Stoner v. FanDuel, Inc., and DraftKings, Inc.

Appeal from the United State District Court for the Southern District of Indianapolis, Indianapolis Division. Judge Tanya Walton Pratt.
Civil. Certifies the case to the Indiana Supreme Court pursuant to Indiana Rule of Appellate Procedure 64. Finds there is a dearth of state caselaw regarding right-to-publicity cases involving athletes.

Indiana Court of Appeals
Jeffrey S. Morris v. State of Indiana

Criminal. Reverses Jeffrey S. Morris’ conviction of Class B misdemeanor public intoxication. Finds the state failed to provide evidence to demonstrate Morris’ alleged intoxication was due to “alcohol or a controlled substance,” as is required by the statute defining public intoxication.

Amber Hamilton v. Steak 'n Shake Operations Inc.
Civil tort. Reverses the grant of summary judgment to Steak ‘n Shake Operations, Inc. on Amber Hamilton’s negligence claim. Finds Steak ‘n Shake owed a duty to protect Hamilton. Remands.

Hoosier Insurance Company v. Nicole R. Riggs and Michael J. Riggs
Civil tort. Reverses the Boone Superior Court’s order of dismissal entered in favor of Nicole R. Riggs and Michael J. Riggs. Finds the trial court erred in dismissing Hoosier Insurance Company’s subrogation claim. Remands with instructions.

In the Matter of: S.T. and D.T. (Minor Children) Children in Need of Services and K.T. (Mother) v. Indiana Department of Child Services (mem. dec.)
Juvenile CHINS. Affirms the adjudication of K.T.’s children as Children in Need of Services. Finds the Marion Superior Court’s findings are not clearly erroneous. Also finds the CHINS judgment is supported by sufficient evidence.

M.B. v. G.G. (mem. dec.)
Domestic relation. Affirms and reverses in part granting G.G. physical custody of M.B.’s children, S.B. and L.B. Finds the Howard Circuit Court did not abuse its discretion in placing the children with G.G. Also finds the trial court abused its discretion in refusing to apply, in all circumstances, one of the Indiana Parenting Time Guidelines.

Lonnie K. Stephens v. State of Indiana (mem. dec.)
Criminal. Affirms the denial of Lonnie K. Stephens’ petition to reinstate good time credit. Finds Stephens is not entitled to judicial review of the Department of Corrections’ decisions concerning the deprivation and restoration of good time credit.

Zachary L. Lewis v. State of Indiana (mem. dec.)
Criminal. Affirms Zachary Lee Lewis’ conviction of Level 5 felony battery on a pregnant woman and for being a habitual offender and his sentence to an aggregate of 10½ years. Finds the Huntington Circuit Court did not abuse its discretion by admitting Lewis’ Facebook messages. Also finds Lewis’ sentence is not inappropriate.

Jacob Youngblood v. State of Indiana (mem. dec.)
Criminal. Affirms Jacob Youngblood’s convictions of two counts of child molesting as level 4 felonies and his aggregate six-year sentence. Finds the state presented sufficient evidence to support Youngblood’s convictions, and his two convictions do not violate the continuing crime doctrine. Also finds the Dubois Circuit Court did not abuse its sentencing discretion. Finally, finds Youngblood’s sentence is not inappropriate.

Darren and Shelley Clayton, Individually and as Next Best Friends of Kinser Clayton v. Morgan County Sheriff's Department and Madison Township Fire Department (mem. dec.)
Civil tort. Affirms the grant of summary judgment in favor of the Morgan County Sheriff’s Department and Madison Township Fire Department on Darren and Shelley Clayton’s claims arising from the death of their 15-month-old son, Kinser. Finds Darren Clayton was contributorily negligent in his son’s death, so both parents are barred from recovering from the governmental entities.

Sylvester Demus v. State of Indiana (mem. dec.)
Criminal. Reverses in part Sylvester Demus’ convictions for domestic battery and battery, both as Level 5 felonies. Finds Demus’ convictions violate double jeopardy prohibitions. Remands with instructions to vacate Demus’ Level 5 felony battery conviction and to resentence him accordingly.