`

Opinions March 9, 2018

March 9, 2018

The following 7th Circuit Court of Appeals opinions were posted after IL deadline on Thursday:

Dawne A. Sanzone, Personal Representative of the Supervised Estate of Keith R. Koster, Deceased v. James Gray, in his official and individual capacities
17-2103
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Tanya Walton Pratt.
Civil. Reverses the denial of Indianapolis Metropolitan Police Department Officer James Gray on Dawne Sanzone’s Fourth Amendment excessive force claim. Finds Gray acted reasonably when Keith Koster pointed a gun at him and fellow offices, so he did not violate the Fourth Amendment and is entitled to qualified immunity. Remands with instructions to enter judgment for Gray.

United States of America v. Adrian Tartareanu and Daniela Tartareanu
17-2759, -2761
Appeals from the United States District Court for the Northern District of Indiana, Hammond Division. Judge Philip P. Simon.
Criminal. Affirms the district court’s intended loss calculation of between $1.5 and $3.5 million because of Adrian and Daniela Tartareanu’s mortgage fraud scheme and the denial of Daniela Tartareanu’s request for a minor role reduction. Finds the district court properly included Bank of America’s losses in the intended loss calculation. Also finds the district court did not err in denying Daniela Tartareanu’s request for a minor role reduction. Finally, finds the Tartareanus waived their argument that the district court did not consider their principal arguments in mitigation.

Friday opinions

Indiana Court of Appeals

D.P. v. State of Indiana (mem. dec.)
69A04-1710-JV-2531
Juvenile. Affirms D.P.’s placement in the Department of Correction. Finds the juvenile court did not abuse its discretion in placing D.P. in the DOC.

Lucretia Mae Joyce v. State of Indiana (mem. dec.)
82A01-1710-CR-2292
Criminal. Affirms Lucretia Joyce’s conviction for criminal trespass as a Class A misdemeanor. Finds the state presented sufficient evidence to support Joyce’s conviction.

Brenda A. Kyle v. Cedarview Management (mem. dec.)
53A01-1709-SC-2070
Small claims. Affirms the judgment in favor of Cedarview Management Corporation on Brenda Kyle’s small claims actions. Finds the judgment in Cedarview’s favor was amply supported by the evidence and was not clearly erroneous.

Kevin K. Andrews v. N.A. (mem. dec.)
48A02-1701-PO-209
Protective order. Affirms the denial of Kevin Andrews’ motion to correct error after a protective order was issued against him at the request of his ex-wife, N.A. Finds the Madison Circuit Court did not err in denying Andrews’ motion to correct error.

A.E. v. State of Indiana (mem. dec.)
20A03-1707-JV-1727
Juvenile. Affirms A.E.’s commitment to the Department of Correction. Finds the juvenile court did not err in finding it had no other option than to commit A.E. to the DOC.

Carmen Nicolle Harbaugh v. State of Indiana (mem. dec.)
29A04-1706-CR-1228
Criminal. Affirms Carmen Nicolle Harbaugh’s convictions of Level 4 felony dealing in cocaine, Level 4 felony dealing in methamphetamine, Level 6 felony possession of cocaine, Level 6 felony possession of methamphetamine, Class B misdemeanor possession of marijuana and Class C misdemeanor possession of paraphernalia. Finds there was probable cause for police to search Harbaugh’s vehicle under the automobile exception to the Fourth Amendment, and the search was reasonable under Article 1, section 11 of the Indiana Constitution. Also finds the Hamilton Superior Court did not abuse its discretion when it admitted evidence obtained as part of the warrantless search of Harbaugh’s vehicle.

Christopher Michael Potts v. State of Indiana (mem. dec.)
41A01-1705-CR-985
Criminal. Affirms Christopher Michael Potts’ conviction for Level 2 felony battery resulting in death to a person less than 14 years of age. Finds the Johnson Superior Court did not err in admitting his videotape statement to police into evidence, or in refusing to give one of his tendered jury instructions.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of: S.J., J.F., A.K., and A.J. (Minor Children), and J.C. (Mother) v. Indiana Department of Child Services (mem. dec.)
28A01-1708-JT-1835
Juvenile termination of parental rights. Affirms the termination of J.C.’s parental rights to her four children, J.F., S.J., A.J. and A.K. Finds the Greene Circuit Court’s finding that termination was in the children’s best interests and its judgment terminating J.C.’s parental rights were supported by the evidence and findings.

ADVERTISEMENT