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Opinions July 3, 2018

July 3, 2018

7th Circuit Court of  Appeals
Destiny Hoffman v. Susan Knoebel

17-2750
Appeal from the United States District Court for the Southern District of Indiana, New Albany Division. Senior Judge Sarah Evans Barker.
Civil tort. Affirms dismissal of Hoffman’s proposed class action against former Clark County Drug Court Director Susan Knoebel and others for wrongful detentions. Finds that while the plaintiffs’ constitutional rights were violated during their time as participants in the Clark County DTC, plaintiffs cannot overcome the barriers to recovery against the four named defendants.

Indiana Court of Appeals
William R. Harr and Finster Courier, Inc. d/b/a Elite Express v. Julian Hayes and Tracey Hayes

49A02-1711-CT-2595
Civil tort. Affirms the Marion Superior Court’s denial of William R. Harr and Finster Courier, Inc.’s motion to correct error. Finds the trial court did not err in its denial of the motion. Finds that Julian Hayes is not entitled to attorney’s fees.

City of Indianapolis v. Towne & Terrace Corporation, et al.
49A02-1711-OV-2686
Ordinance violation. Affirms the Marion Superior Court’s grant of summary judgment in favor of Towne & Terrace Corporation. Finds there is no genuine issue of material fact that the City is responsible for the payment of maintenance charges assessed on its rental units in the Towne & Terrace condominium complex.

David E. Bruner v. State of Indiana (mem. dec.)
18A-CR-122
Criminal. Affirms the Allen Superior Court’s revocation of David Bruner’s probation and imposition of his previously suspended sentence. Finds the trial court did not abuse its discretion by ordering Bruner to serve the entirety of his sentence.

Brandon A. Kincheloe v. State of Indiana (mem. dec.)
18A-CR-235
Criminal. Affirms Brandon Kincheloe’s five-year aggregate sentence between two cause numbers for three criminal offenses. Finds the sentence is not inappropriate in light of the nature of the offenses or Kincheloe’s character.  

Tracy S. Coop v. State of Indiana (mem. dec.)
18A-CR-192
Criminal. Affirms Tracy Coop’s 730-day sentence for Level 6 felony possession of methamphetamine. Finds the Bartholomew Circuit Court did not abuse its discretion when it failed to consider Coop’s cooperation with police and guilty plea as significant mitigating factors.

Ameristar Casino v. Margaret Romero (mem. dec.)
17A-EX-3053
Agency. Affirms the Worker’s Compensation Board’s decision that Margaret Romero is entitled to worker’s compensation benefits from Ameristar Casino. Affirms the board’s increase of Romero’s award by 10 percent.

Robert J. Fiedler and Dianne C. Fiedler v. LaGrange County Regional Utility District (mem. dec.)
44A03-1712-MI-2951
Miscellaneous. Affirms the LaGrange Circuit Court’s judgment after a final hearing on the LaGrange County Regional Utility District’s complaint against Robert and Dianne Fiedler. Finds the trial court did not abuse its discretion when it denied the Fiedlers’ motion to amend their answer. Finds the trial court did not abuse its discretion when it ordered the Fiedlers to pay a portion of the Utility District’s attorney fees.

Cynthia Vermette v. Northern Indiana Public Service Company (mem. dec)
18A-PL-364
Civil plenary. Dismisses Cynthia Vermette’s appeal of the Porter Superior Court’s grant of summary judgment in favor of NIPSCO. Finds the appellate court lacks subject matter jurisdiction to consider the trial court’s interlocutory order.  

Charles E. Justise, Sr. v. David Liebel, et al. (mem. dec.)
18A-PL-102
Civil plenary. Affirms the Marion Superior Court’s denial of Charles Justise Sr.’s motion to lift a stay in the proceeding after the trial court dismissed his complaint for failure to state a claim upon which relief can be granted pursuant to Indiana Trial Rule 12(B)(6). Finds the trial court holds no jurisdiction over Justise’s complaint.

A.S. v. State of Indiana (mem. dec.)
17A-JV-3037
Juvenile. Affirms the Elkhart Circuit Court’s order determining A.S. violated the terms of his probation, placing him in custody of Indiana Department of Correction.

Michael A. Kennedy v. The Honorable Joe Hogsett, Mayor of Indianapolis, and the Indianapolis Department of Public Works (mem. dec.)
18A-MI-431
Miscellaneous. Affirms the City of Indianapolis’ motion to dismiss Michael Kennedy’s complaint seeking a declaratory judgment and a mandate to compel the City to remove an obstruction on private property that he alleges is located in a regulated drain. Finds no genuine issue of material fact. Finds the city is entitled to summary judgment and the trial court did not err when it granted the city’s motion.

Joseph Dale Lewis v. State of Indiana (mem. dec.)
48A02-1706-CR-1349
Criminal. Affirms the Madison Circuit Court’s denial of Joseph Dale Lewis’ request to withdraw his guilty pleas for Level 6 felonies battery of a police officer and residential entry, Class A misdemeanor resisting law enforcement, and Class B misdemeanor disorderly conduct. Finds the trial court did not err in denying Lewis’ request to withdraw his guilty plea.

Cody Ryan Banks v. State of Indiana (mem. dec.)
82A04-1712-CR-2959
Criminal. Affirms Cody Banks’ 18-month sentence for conviction of Level 6 felony domestic battery in the presence of a child less than 16 years old. Finds the Vanderburgh Superior Court did not abuse its sentencing discretion. Finds the sentence is not inappropriate in light of the nature of Banks’ offenses or character.

In Re: The Paternity of V.A.C., Benjamin T. Colburn v. Raliza V. Pashova (mem. dec.)
17A03-1711-JP-2722
Juvenile paternity. Affirms in part, reverses in part and remands with instructions. Finds the DeKalb Circuit Court did not abuse its discretion in denying Benjamin Colburn’s modification of joint legal custody to sole custody, modifying the parties’ parenting schedule or admitting certain evidence. Reverses and remands to the trial court for a recalculation of Colburn’s weekly gross income for his child support obligation.

 

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