Opinions Aug. 17, 2018

Keywords Opinions

The following 7th Circuit Court opinion was posted after IL deadline on Thursday: 
BRC Rubber & Plastics, Incorporated v. Continental Carbon Company

Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Magistrate Judge Susan L. Collins. 
Civil. Reverses and remands. Finds a supply agreement between BRC Rubber & Plastics and Continental Carbon Company is enforceable. Also finds that can proceed on its alternative characterization of the contract as an agreement for a fixed amount of carbon black. Declines to decide as a matter of law whether Continental repudiated the agreement. BRC may recover its costs. 

Friday opinions
7th Circuit Court of Appeals

Elliott Levin v. William Miller, et al. 
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Sarah Evans Barker. 
Civil. Affirms the district court’s grant of summary judgment in favor of three former Irwin Union Bank & Trust Co. executives. Finds the record clearly establishes that on the advice of government regulators and expert outside legal counsel, the board of directors prioritized saving the banks, and the officers had no authority to second-guess the board’s judgment with their own independent investigation.  

Indiana Court of Appeals 
Denny Henderson v. State of Indiana 

Criminal. Affirms Denny Henderson’s conviction in Porter Superior Court of Class A misdemeanor operating a vehicle while intoxicated endangering a person. An officer’s testimony that Henderson challenged as hearsay was merely cumulative of other evidence, and the trial court did not err by limiting evidence about the origins of Henderson’s injuries prior to his arrest. The jury was not improperly instructed, and the trial court did not err in declining to instruct the jury with Henderson’s proffered instruction that it must find effort was expended by a driver to convict him of operating a vehicle while intoxicated. 

Tiawana M. Hughes v. State of Indiana (mem. dec.)
Criminal. Affirms Tiawana Hughes’ nine-year sentence, with three years served and six years suspended, for her conviction of Level 3 felony child molesting. Finds the Johnson Superior Court did not abuse its discretion in its identification and weight of aggravators and mitigators used in sentencing Hughes.

Derrick D. Armstead v. State of Indiana (mem. dec.)
Post-conviction. Affirms the Posey Superior Court’s denial of Derrick Armstead’s petition for post-conviction relief, following his convictions of attempted murder and battery, and his adjudication as a habitual offender. Finds Armstead was not denied the effective assistance of trial counsel. 

Timothy M. Snapp v. State of Indiana (mem. dec.)
Criminal. Affirms Timothy Snapp’s five-year sentence for Level 5 felony dealing in methamphetamine. Finds Snapp’s sentence is not inappropriate in light of the nature of his offense. 

Charles Kinnel v. State of Indiana (mem. dec.)
Criminal. Affirms the Marion Superior Court’s denial of Charles Kinnel’s motion to correct error, which related to the denial of his motion to correct a facially erroneous sentence pursuant to Indiana Code Section 35-38-1-15. Finds the trial court did not abuse its discretion by declining to correct the alleged sentencing error. 

In the Matter of the Involuntary Termination of the Parent-Child Relationship of B.W., et al. (Minor Children) and R.Y. (Father) and S.L. (Mother) v. Indiana Department of Child Services (mem. dec.)
Juvenile termination. Affirms the Tippecanoe Superior Court’s termination of parental rights of S.L. and R.Y. to their children C.Y., Ry.Y., and J.Y. Also affirms the termination of S.L.’s parental rights to her other children, B.W. and J.W. Finds the trial court did not clearly err in its decision to terminate parental rights for all five children. 

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