Opinions July 25, 2018

Keywords Opinions

7th Circuit Court of Appeals
USA v. Keenan Davis

Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Chief Judge Theresa L. Springmann.
Affirms Kennan Davis’ conviction of two counts of being a felon in possession of a firearm. Finds the evidence, including testimony from police and Davis’ 6-year-old daughter, were admissible and sufficient to support the convictions.

Indiana Court of Appeals
Teresa Parnell and Patrick Parnell v. Agricor, Inc., Steinberger Construction, Inc., E&B Paving, Inc., and Keith Sullivan Excavating, Inc.

Civil tort. Affirms dismissal of the Parnells’ negligence suit against the defendants stemming from water damage to their home allegedly attributable to negligent work that Appellees provided on an adjacent property. The Grant Superior Court’s dismissal for failure to prosecute under Indiana Trial Rule 41(E) was not an abuse of discretion.

ONB Insurance Group, Inc., d/b/a Old National Insurance, and Joseph E. Kenworthy v. The Estate of Joann Marie Megel, Deceased; the Estate of Edward J. Megel, Deceased; Darcy Megel; et al.
Civil tort. Reverses the Jennings Circuit Court’s denial of partial summary judgment for ONB, finding it owed no common law duty to the accident parties, did not assume a duty, and no statutory duty existed. ONB cannot be liable for aiding, abetting or conspiring when the accident parties did not allege a corresponding tort. Because all theories of liability fail, the trial court erred when it denied ONB’s motion for summary judgment. Remands.

Anthony Gibson v. State of Indiana (mem. dec.)
Criminal. Affirms Anthony Gibson’s conviction of Level 4 felony child molesting, finding 
no fundamental error or abuse of discretion. Gibson was not deprived of his right to a fair trial due to cumulative errors. 

J.S. v M.C. (mem. dec.)
Miscellaneous. Affirms the Howard Superior Court’s denial of J.S.’s petition for third-party visitation of M.C.’s fraternal twins. The trial court’s conclusion that J.S. failed to demonstrate the existence of a custodial and parental relationship between herself and the children is not clearly erroneous. Because J.S. lacked standing to seek visitation with the children, no best interest determination was required.

Candice Scarbrough v. State of Indiana (mem. dec.)
Criminal. Affirms Candice Scarbrough’s conviction of Class A misdemeanor operating a vehicle while intoxicated endangering a person, finding the state presented sufficient evidence to support the verdict after a bench trial.

In the Matter of the Termination of the Parent-Child Relationship of R.M. & D.M. (Children) and W.M. (Father); W.M. (Father) v. The Indiana Department of Child Services (mem. dec.)
Juvenile termination of parental rights. Affirms termination of Father W.M.’s parental rights to R.M. and D.M. The Hendricks Superior Court’s findings support the determination that the conditions under which the children were removed will not be remedied, and that termination was in the best interests of the children.

Amanda L. Zeigler v. State of Indiana (mem. dec.)
Criminal. Affirms Amanda L. Zeigler’s sentence for her conviction of Level 6 felony unlawful possession of a syringe. Her sentence to serve 296 days, with credit for 118 days, was not an abuse of discretion.

Asher B. Hill v. Frank Littlejohn, Robbie Marshall, Christopher Nicholson, Linda VanNatta, Adam Davis, and Wade Collins (mem. dec.)
Civil tort. Affirms the grant of summary judgment in favor of Frank Littlejohn and other Department of Correction parties on Asher B. Hill’s Eighth Amendment complaint alleging cruel and unusual punishment. Hill failed to demonstrate a genuine issue of material fact regarding whether his injuries were objectively serious. 

Ruben Cable v. Kinsey Youth Center (mem. dec.)
Agency. Dismisses Ruben Cable’s challenge to an order of the Worker’s Compensation Board of Indiana finding his claim time-barred, citing a lack of sufficient record upon which to review the matter.

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