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Opinions Aug. 28, 2018

August 28, 2018
KEYWORDS Opinions

The following 7th Circuit Court of Appeals opinions were posted after IL deadline on Monday:
United States of America v. Robert E. Stochel
17-3576
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Judge James T. Moody.
Criminal. Affirms Robert Stochel’s mail fraud conviction and his two-year sentence. Finds there was sufficient evidence to convict Stochel. Also finds the judge’s sentencing rulings were sound.  

Ronald Ward v. Soo Line Railroad Company
17-2150
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Judge Rudy Lozano.
Civil. Affirms the district court’s dismissal of Ronald Ward’s claims, holding that under federal law the Locomotive Boiler Inspection Act preempted all state tort law remedies for injuries caused by locomotive equipment outside the country. Finds Ward waived on appeal the only viable theory for pursuing relief.

Indiana Court of Appeals
Douglas C. Holland v. Indiana Farm Bureau Insurance

18A-PL-792
Civil plenary. Reverses the grant of summary judgment in favor of Indiana Farm Bureau Insurance and against attorney Douglas Holland. Finds the statute of limitations expired before Farm Bureau filed its complaint.

Estate of Walter E. Williams v. BorgWarner Morse TEC Inc., et al., Chuck Markey, Markey's Audio Visual, Inc., and D&E Enterprises v. George F. Kopetsky, et al.
49A02-1710-PL-2224
Civil plenary. Affirms the Marion Superior Court’s grant of summary judgment in favor of BorgWarner Morse Tec. Inc., on the estate of Walter Williams’ claim for damages in an environmental legal action. The trial court did not err in finding parties could cite no case in which an off-site manufacturer is alleged to be liable under the ELA, Indiana Code § 13-30-9.

Cynthia Morrison, Individually and on behalf of Ernest Morrison, Deceased v. Ricardo Vasquez, M.D., and Vascular Center & Vein Clinic of Southern Indiana, Kevin O'Connor, M.D., et al.
18A-CT-376
Civil tort. Affirms the Marion Superior Court’s order to transfer Cynthia Morrison’s interlocutory appeal to Monroe County. Finds the address of Bloomington Hospital’s registered agent does not determine venue and Marion County is not a county of preferred venue for purposes of Trial Rule 75(A)(4).

Corey Day v. State of Indiana (mem. dec.)
18A-CR-103
Criminal. Affirms Corey Day’s conviction of Level 2 felony dealing in a narcotic drug between five and 10 grams and adjudication as a habitual offender. Finds that the search incident to arrest did not violate Day’s Fourth Amendment rights. Finds the Marion Superior Court did not abuse its discretion in admitting evidence seized during a search.

In re the Guardianship of William Henry Broughton (Alleged Incapacitated Adult), Dennis Broughton, Kevin Broughton and Otis Broughton v. Warren Broughton (mem. dec.)
18A-GU-44
Guardianship. Affirms the Crawford Circuit Court’s denial of Dennis Broughton, Kevin Broughton, and Otis Broughton’s objections to the appointment of their brother Warren Broughton as guardian over his elderly father, William Henry Broughton. Finds the trial court did not err when it denied the brothers’ objections, nor when it confirmed Warren as guardian over Henry’s person and estate. Remands with instructions for the trial court to order Warren to provide a proper inventory of guardianship property in compliance with Indiana Code section 29-3-9-5.

In re the Termination of the Parent-Child Relationship of C.B.(1) and C.B.(2) (Minor Children) and C.B. (Father) v. Indiana Department of Child Services (mem. dec.)
18A-JT-579
Juvenile termination. Affirms the involuntary termination of parental rights of C.B., father, to his children, C.B. (1) and C.B. (2) Finds the evidence was sufficient to establish that terminating C.B.’s parental rights was in the children’s best interests.

Jewell Allen v. State of Indiana (mem. dec.)
49A02-1710-CR-2344
Criminal. Affirms Jewell Allen’s conviction of Level 6 felony possession of cocaine. Finds the Marion Superior Court did not err in presenting all evidence obtained from the search incident to his arrest.

Brian Zachari Bruce v. State of Indiana (mem. dec.)
18A-CR-891
Criminal. Affirms Brian Bruce’s convictions of Level 3 felony neglect of a dependent and Level 5 felony battery. Finds Bruce’s convictions are not double jeopardy.

Susan Tennant v. Peaks & Valleys, Inc., and Toni Staples (mem. dec.)
92A04-1710-CC-2474
Civil collection. Grants Susan Tennant’s petition for rehearing for the limited purpose of addressing her argument that the Indiana Court of Appeals erred by finding that the Whitley Circuit Court’s order did not refer to modifications to the project. Finds the trial court did not make findings of fact or conclusions of law about the modifications under HICA, therefore the Court of Appeals’ original decision stands.

In re the Termination of the Parent-Child Relationship of A.R. and Ma.R. (Minor Children), and M.R. (Father) and J.R. (Mother) v. Indiana Department of Child Services (mem. dec.)
18A-JT-288
Juvenile termination. Affirms involuntary termination of parental rights of M.R. and J.R. to their children, A.R. and Ma.R. Finds there was sufficient evidence to support the termination.

 

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