Opinions May 10, 2018

May 10, 2018

7th Circuit Court of Appeals
Anthony Mimms v. CVS Pharmacy, Incorporated

Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Tanya Walton Pratt
Reverses and remands in part the jury award of $1.025 million to Dr. Anthony Mimms against CVS Pharmacy. The district court erred in failing to grant summary judgment to CVS on three of four allegedly defamatory statements about Mimms tried to the jury, and CVS is entitled to a new trial on the fourth statement.

Quinn R. Heath v. Indianapolis Fire Department
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division.
Chief Judge Jane Magnus-Stinson
Civil. Affirms summary judgment in favor of Indianapolis Fire Department in Quinn Heath’s retaliation lawsuit. There is no evidence from which a reasonable jury could conclude that Heath’s father’s suit was even a motivating factor in the decision not to hire Quinn.

Indiana Supreme Court
Paul Gresk, Trustee for the Bankruptcy Estate of Derek VanWinkle and Stacey VanWinkle on behalf of M.V. and A.V. their minor children v. Cortney Demetris, M.D., et al.
Miscellaneous. Reverses the trial court’s dismissal of a medical malpractice lawsuit against Dr. Cortney Demetris, holding that Indiana’s anti-SLAPP statute does not provide a defense to Demetris, who alleged to the Department of Child Services suspected child medical abuse against Derek and Stacey VanWinkle.
Remands to the trial court for consideration of the issues stayed during this appeal.

Indiana Court of Appeals
Jeri Latoya Woods v. State of Indiana

Criminal. Affirms Jeri Latoya Woods’ conviction of two counts of murder and two counts of Level 5 felony kidnapping. The trial court did not err in denying Woods’ motion for a mistrial after a juror who said he feared for his safety was removed from the jury. Finds Woods failed to carry her burden of proving the trial court erred by depriving her of her right to allocution. The court did not demonstrate bias toward Woods during her testimony.

State of Indiana v. Larry O. Janes
Criminal. Affirms the trial court’s suppression of a drug evidence resulting from the search of a vehicle because Larry Janes was entitled to a Pirtle warning, which he did not receive.

Juan Flagg v. State of Indiana (mem. dec.)
Post-conviction. Affirms denial of Juan Flagg’s petition for post-conviction relief. Flagg has not established that he was denied the effective assistance of trial counsel.

Durell T. Crain v. State of Indiana (mem. dec.)
Criminal. Affirms Durell Crain’s conviction of Level 3 kidnapping, finding the evidence is sufficient to affirm the conviction.

Kevin J. Mamon v. Ryan Garrity, et al. (mem. dec.)
Civil plenary. Affirms the dismissal of Kevin Mamon’s complaint against the Hancock County Sheriff’s Department and several of its employees, in their personal capacities. The trial court did not abuse its discretion by imposing an Indiana Trial Rule 37 discovery sanction dismissal after Mamon refused depositions while incarcerated.

Cynthia S. Gordon v. State of Indiana (mem. dec.)
Criminal. Affirms the trial court’s revocation of placement in work release. There was no abuse of discretion or due process violation in the court’s revocation made without a clear statement of reasons.

Joshua Wayne Ashley v. State of Indiana (mem. dec.)
Criminal. Affirms Joshua Ashley’s conviction of Level 2 felony burglary, Level 6 felony theft, and misdemeanor criminal mischief for breaking into a pole barn. Any error in the admission of a recorded co-conspirator’s statement to police was harmless, and the evidence was sufficient to support the conviction.