Opinions July 26, 2018

July 26, 2018

7th Circuit Court of Appeals
Planned Parenthood of Indiana v. Commissioner of the Indiana State Department of Health, et al.

Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Tayna Walton Pratt.
Civil. Affirms the preliminary injunction against Indiana House Enrolled Act 1337. Finds the law raises burdens to a woman’s right to an abortion as established in Roe v. Wade. Judge Michael Kanne concurs with a separate opinion.

Indiana Court of Appeals
In Re the Matter of Guardianship of Timothy A. Robbins, an Adult

Guardianship. Reverses the Johnson Superior Court’s decision to place only $1 million of a more than $17 million settlement agreement in Timothy Robbins’ special needs trust. Finds the trial court exceeded the bounds of its authority and made errors of law in its ruling. Remands for the full, available amount to be placed in Robbins’ special needs trust.

Kyle J. Wilkinson v. Danielle A. Assante, And Paul Assante and Jennifer Assante
Domestic relation. Affirms the Gibson Circuit Court’s order granting Danielle Assante’s motion to dismiss Kyle Wilkinson’s petition to modify custody of their minor children. Finds the trial court did not abuse its discretion when it declined jurisdiction over the children based on the application of the Indiana Uniform Child Custody Jurisdiction Act.

Samuel Lawrence Morgan v. State of Indiana (mem. dec.)
Criminal. Affirms Madison Circuit Court’s revocation of Samuel Lawrence Morgan’s probation and imposition of his previously suspended sentence. Finds the trial court did not abuse its discretion in finding that Morgan violated the conditions of his probation.

Jared Bustle v. State of Indiana (mem. dec.)
Criminal. Affirms Jared Bustle’s aggregate six-year sentence for conviction of three counts of Level 6 felony theft. Finds Bustle’s sentence is not inappropriate in light of the nature of the offenses and his character.

Jeremiah Walker v. State of Indiana (mem. dec.)
Criminal. Affirms Jeremiah Walker’s conviction and aggregate 64-year sentence for murder and Class A misdemeanor carrying a handgun without a license. Finds the state did not commit prosecutorial misconduct during closing arguments and that Walker’s sentence is not inappropriate in light of the nature of the offenses and his character.

Charles Lain v. State of Indiana (mem. dec.)
Post-conviction. Affirms in part, reverses in part remands with instructions to vacate Charles Lain’s aggregate 55-year sentence for his conviction of Class A felony possession of methamphetamine and Class A felony dealing in methamphetamine. Finds that Lain was improperly sentenced. Remands with instructions to vacate Lain’s possession conviction and issue a new judgment and abstract on the dealing conviction.

Teresa Ortiz v. State of Indiana (mem. dec.)
Criminal. Affirms Teresa Ortiz’s conviction of Class A misdemeanor battery. Finds there was sufficient evidence to support the conviction and rebut Ortiz’s self defense claim.  

N.L. v. State of Indiana (mem. dec.)
Juvenile. Affirms the Lake Superior Court’s order modifying N.L.’s probation and ordering him to be a ward of the Department of Correction. Finds the juvenile court did not abuse its discretion in ordering N.L.’s placement at the DOC.

John F. Willis v. State of Indiana (mem. dec.)
Criminal. Affirms John Willis’ aggregate 12-year sentence with three years executed on work release for failure to pay more than $80,000 in child support. Finds Willis’ sentence is not inappropriate in light of the nature of the offenses and his character.

Elaine Davey v. Richard E. Boston (mem. dec.)
Civil plenary. Grants Richard Boston’s petition for rehearing for the limited purpose of correcting imprecise language. Denies the petition in all other respects.