Opinions April 10, 2018

April 10, 2018

7th Circuit Court of Appeals
Kelly Jean Linderman v. U.S. Bank National Association
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Larry J. McKinney.
Civil. Affirms the district court’s judgment in favor of U.S. Bank National Association on Kelly Jean Linderman’s claim under the Real Estate Settlement Procedures Act. Finds U.S. Bank did not violate the act.

Indiana Court of Appeals
Heath Poortenga v. State of Indiana

Criminal. Reverses Heath Poortenga’s conviction of Class A misdemeanor operating while intoxicated. Finds the trial court abused its discretion in admonishing the jury during defense counsel’s closing argument to ignore evidence that Poortenga’s alcohol concentrate equivalent was below the legal limit at the time of his arrest. Also finds retrial is appropriate on Poortenga’s charge of Class C misdemeanor OWI, which was dismissed as a lesser-included offense of Poortenga’s Class A misdemeanor conviction. Remands for further proceedings.

Nathaniel Smith v. State of Indiana (mem. dec.)
Criminal. Affirms Nathaniel Smith’s conviction of Class A misdemeanor interference with the reporting of a crime. Finds Smith’s acquittal of Level 6 felony domestic battery did not prohibit the jury from finding him guilty of the Class A misdemeanor charge. Also finds the evidence was sufficient to sustain Smith’s convictions.
In the Termination of the Parent-Child Relationship of: A.T.-S. (Minor Child), and B.S. (Father) v. The Indiana Department of Child Services (mem. dec.)
Juvenile termination of parental rights. Affirms the termination of B.S.’s parental rights to A.T.-S. Finds the juvenile court’s termination order was not clearly erroneous. Also finds the termination proceedings were not tainted by a misunderstanding regarding the Interstate Compact on the Placement of Children.

Paul J. Elmer v. Indiana Pharmacy Board (mem. dec.)
Civil plenary. Reverses the dismissal of Paul Elmer’s petition for judicial review of the suspension of his pharmacy license. Finds the Marion Superior Court did not have discretion to deny Elmer’s timely motion for a change of judge. Remands with instructions to grant Elmer’s motion for change of judge.
Deshawn Hutcherson v. State of Indiana (mem. dec.)
Criminal. Affirms the revocation of Deshawn Hutcherson’s placement in community corrections. Finds the trial court conducted a hearing during which Hutcherson was given the opportunity to present mitigating evidence to show revocation of his placement was not warranted.