Opinions Aug. 27, 2018

Keywords Opinions

The following 7th Circuit Court of Appeals opinion was posted after IL deadline on Friday:
Linda Rowlands v. United Parcel Service, Inc.

17-3281
Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Judge Robert L. Miller.
Civil. Reverses and remands. Finds there are genuine disputes of fact that are material to Linda Rowlands’ failure to accommodate and retaliation claims, neither of which were waived. Finds there was sufficient evidence to support the reversal and remand.

Jay R. Thompson v. Richard Brown
17-2085
Appeal from the United States District Court for the Southern District of Indiana, Terre Haute Division. Judge William T. Lawrence.
Prisoner. Remands. Vacates the district court’s decision dismissing Jay Thompson’s petition for habeas corpus. Finds that Thompson’s petition is not barred by an adequate and independent state ground, because when the state court dismissed the petition, there was not yet a firmly established and regularly followed rule in Indiana that laches applies to delays to an already-filed action.

The following Indiana Supreme Court opinion was posted after IL deadline on Friday:
Marquell M. Jackson v. State of Indiana

18S-CR-113
Criminal. Reverses the portion of the Indiana Court of Appeals’ opinion that found trial courts may not resentence defendants on remand after a criminal gang enhancement is vacated. Finds the criminal gang enhancement statute unambiguously increases the punishment for all the felonies that underlie the enhancement, and vacating such an enhancement disturbs the punishment originally imposed. Thus, after an appellate court reverses a criminal gang enhancement, the trial court on remand must resentence a defendant on all surviving underlying felonies. Remands to the trial court with instructions to follow certain instructions given by the Court of Appeals, including the instruction to vacate Jackson’s criminal gang enhancement, and to remand and resentence Jackson on Counts 1, 3-8 and 9.

Monday's opinions
Indiana Court of Appeals
City of Lawrenceburg, Indiana and City of Lawrenceburg Board of Works v. Grant Hughes (mem. dec.)

18A-PL-439
Civil plenary. Affirms the Dearborn Superior Court’s grant of compensation to former Lawrenceburg redevelopment director and mayor’s assistant Grant Hughes, for which he claimed to be entitled after his termination. Finds the award of summary judgment to Hughes proves that the parties entered into a valid employment contract. Finds the Lawrenceburg Board of Public Works breached the contract by failing to compensate Hughes through March 17, 2016.

Devin Bays v. State of Indiana (mem. dec.)
28A05-1711-CR-2702
Criminal. Affirms Devin Bays’ convictions of resisting law enforcement and theft. Finds the state did not commit prosecutorial misconduct by improperly questioning the venire during voir dire and by violating the motion in limine regarding prior bad acts by Bays.  Finds Bays failed to show that the evidence supported an inference that his testimony was truthful. Finds there is sufficient evidence to support the conviction.

Clifford J. Reffitt v. State of Indiana (mem. dec.)
18A-CR-532
Criminal. Affirms the Fulton Superior Court decision that the state did not fail to present sufficient evidence that Clifford Reffitt possessed a handgun without a license. Finds the trial court did not abuse its discretion when it considered his criminal history and the volume of alcohol-related offenses during sentencing.

Timmothy Flora v. State of Indiana (mem. dec.)
18A-CR-600
Criminal. Affirms Timmothy Flora’s conviction for Level 2 felony dealing in methamphetamine, Level 5 felony neglect of a dependent committed during a drug offense, Class A misdemeanor carrying a handgun without a license, and admission for being a habitual offender. Finds the Tippecanoe Superior Court did not abuse its discretion when it considered the extreme youth of the victim of the neglect offense to be an aggravating circumstance.

John Kochowiec v. State of Indiana (mem. dec.)
32A01-1712-CR-2910
Criminal. Affirms John Kochowiec’s conviction of Class A misdemeanor battery causing bodily injury. Finds the Hendricks Superior Court did not abuse its discretion by denying his motion for a mistrial.

Timothy D. Martin v. State of Indiana (mem. dec.)
29A04-1712-CR-2992
Criminal. Affirms the Hamilton Circuit Court’s revocation of Timothy Martin’s probation and order that he serve the entirety of his previously suspended four-year sentence at the Indiana Department of Correction. Finds the trial court did not abuse its discretion when it revoked his probation and sentenced him.

In Re: The 2015 Tax Sale Marion County Parcel No. 8017356 Tax Sale Item No. A2747 Empire VII Indiana Portfolio, LLC v. Migally Investments, LLC (mem. dec.)
49A02-1712-MI-2882
Miscellaneous. Affirms the Marion Circuit Court’s order setting aside tax sale and issuance of deed and the court’s ruling on its motion to correct error. Based on the record, the court could not conclude that the notices were issued in substantial compliance with the requirements prescribed by statute or that the trial court’s judgment is clearly erroneous.

In the Matter of the Termination of the Parent-Child Relationship of L.M. (Child) and G.J. (Mother) and A.M. (Father); G.J and A.M. v. The Indiana Department of Child Services (mem. dec.)
18A-JT-619
Juvenile termination. Affirms the Vanderburgh Superior Court’s involuntary termination of G.J. and A.M.’s parental rights to L.M. Finds the trial court’s unchallenged findings support its conclusions that the conditions under which L.M. was removed from parents’ care would not likely be remedied and the termination was in L.M.’s best interest.

State of Indiana v. Deja Canady, Jamel Hoskin, and Anthony Harmon (mem. dec.)
49A02-1710-CR-2285
Criminal. Affirms the Marion Superior Court’s grant of motions to suppress filed by Deja Canady, Jamel Hoskin, and Anthony Harmon. Finds the trial court properly granted the defendants’ motion to suppress.

 

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