Opinions March 22, 2018

March 22, 2018

The following 7th Circuit Court of Appeals opinions were posted after IL deadline Wednesday.

Freedom From Religion Foundation v. Concord Community Schools
17-1591, 17-1683
Appeals from the U.S. District Court for the Northern District of Indiana, South Bend Division. Judge Jon E. DeGuilio.
Civil. Affirms District Court ruling that the Concord Community Schools’ 2015 “Christmas Spectacular” show, modified to de-emphasize Christian elements in the 2014 show, did not violate the Establishment Clause of the Constitution. Judge Frank Easterbrook concurs in a separate opinion. 

Deborah Walton v. EOS CCA
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Tanya Walton Pratt. 
Civil. Affirms the grant of summary judgment for EOS CCA on Deborah Walton’s Fair Debt Collection Practices Act and Fair Credit Reporting Act complaint. Finds EOS was required to confirm only that the information it sent Walton matched what it received from AT&T, the creditor. Also finds EOS complied with the FCRA by investigating its records after Dalton disputed her debt to two credit-reporting agencies. Finally, finds Walton’s false or misleading representations arguments are waived, and her procedural challenges are meritless.
Indiana Court of Appeals

N.G. Hatton Trust v. Robert D. Young and Ellen M. Young
Civil plenary. Affirms trial court ruling that the Youngs owed no duty to the N.G. Hatton Trust pursuant to the common enemy doctrine and Whitley County’s zoning ordinance for water draining from the Youngs’ property to adjacent land owned by the trust. The trust failed to show it had a private right of action under the zoning ordinance.

Carl T. Wilson v. State of Indiana
Criminal. Reverses on interlocutory appeal the trial court’s denial of Carl T. Wilson’s motion to suppress drug evidence collected in the search of a parked vehicle. Officers lacked reasonable suspicion and probable cause to conduct a search on the vehicle after they approached a man who exited the car with guns drawn and then placed him in handcuffs.

Robert Andrew Ludwig v. State of Indiana (mem. dec.)
Criminal. Affirms Robert Andrew Ludwig’s 12-year sentence and conviction of Class C felony child molesting, Level 5 felony child molesting and Class D felony child seduction. The trial court did not abuse its discretion in disallowing Ludwig’s attempt to introduce evidence of a prior false accusation of molestation, and his sentence is not inappropriately harsh in light of the nature of the offense and his character.   

Anthony W. Shepard v. State of Indiana (mem. dec.)
Post-conviction. Reverses the summary denial of Anthony Shepard’s petition for post-conviction relief challenging the revocation of his parole. Remands for proceedings including required hearings that the post-conviction court did not provide.