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Opinions Aug. 30, 2018

August 30, 2018
KEYWORDS Opinions

The following 7th Circuit Court Court of Appeals opinion was posted after IL deadline on Wednesday.
Shameca Robertson v. Allied Solutions, LLC

17-3196
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge William T. Lawrence.
Civil. Reverses the district court’s dismissal for lack of jurisdiction of Shameca Robertson’s adverse-action claim. Finds Allied Solutions, LLC failed to follow Fair Credit Reporting Act obligations when it rescinded Robertson’s job offer without furnishing her a copy of that report on which it relied. Concludes Robertson’s alleged injury is concrete and enough to support Article III standing. Remands for further proceedings.

Indiana Court of Appeals
Timothy M. Schieve v. State of Indiana (mem. dec.)

26A01-1711-CR-2815
Criminal. Affirms Timothy Schieve’s aggregate 36-year sentence for conviction for Class A felony child molesting and Level 1 felony child molesting. Finds Schieve’s sentence is not inappropriate in light of the nature of his offense and his character. Finds the Gibson Circuit Court did not improperly coerce the jury when it asked about the status of the jury’s deliberations. Finds the trial court did not abuse is discretion in sentencing Schieve.

Maryann Wolanin and James A. Bridges v. Susan Balanow (mem. dec.)
18A-PL-93
Civil plenary. Affirms the LaPorte Superior Court’s denial of Maryann Wolanin’s and James Bridges’ Trial Rule 12(C) motion for judgment on the pleadings. Finds sellers Wolanin and Bridges have not met their burden to show that there are no circumstances under which Susan Balanow could be granted relief.

Roderic Jernigan, Sr. v. State of Indiana (mem. dec.)
18A-CR-689
Criminal. Affirms revocation of Roderic Jernigan’s probation. Finds Jernigan violated the conditions of the Veterans Treatment Court program, terminating his participation.

Ryan P. Ballard v. State of Indiana (mem. dec.)
32A01-1704-PC-762
Post-conviction. Affirms the Hendricks Superior Court’s denial of Ryan Ballard’s petition for post-conviction relief. Finds the trial court did not abuse its discretion by denying Ballard’s motion to correct error regarding his claim of newly discovered evidence. Finds the trial court did not err by denying post-conviction relief on Ballard’s claim of ineffective assistance of trial counsel.

Butler Terrace Homeowners Association, Inc. v. Ranee S. Rathee (mem. dec.)
18A-MF-675
Mortgage foreclosure. Affirms the Marion Superior Court’s order granting a motion for relief from judgment filed by Ranee Rathee, which modified the court’s prior entry of summary judgment for the Butler Terrace Homeowners Association, Inc. (HOA). Finds the trial court did not abuse its discretion under Indiana Trial Rule 60(B) when it granted Rathee’s motion for relief from judgment. Finds the HOA preserved for appellate review its argument that the court’s modified order violated Indiana’s horizonal property laws, Ind. Code §§ 35-25-1-1 to -9-2 (2018), or Indiana’s mortgage foreclosure statutes, I.C. §§ 32-29-7-0.2 to -14.

Vernon Thacker v. State of Indiana (mem. dec.)
18A-CR-709
Criminal. Affirms Vernon Thacker’s three-year executed sentence for conviction of Level 5 felony operating a vehicle while privileges are forfeited for life. Finds Thacker’s sentence is not inappropriate in light of the nature of the offense and his character.

Rufus Wehgar v. State of Indiana (mem. dec.)
18A-CR-154
Criminal. Affirms Rufus Wehgar’s conviction of two counts of Class A misdemeanor theft. Finds there is sufficient evidence to support the convictions.

Kori F. Rice v. State of Indiana (mem. dec.)
68A01-1706-CR-1314
Criminal. Affirms Kori Rice’s conviction of Level 3 felony robbery, Class A misdemeanor theft and status as a habitual offender. Finds the Randolph Circuit Court did not abuse its discretion when sentencing Rice to an aggregate 24 years executed in prison.

James Walter Folks v. State of Indiana (mem. dec.)
20A03-1710-CR-2317
Criminal. Affirms James Walter Folks’ conviction of Level 4 felony incest. Finds the Elkhart Superior Court did not abuse its discretion when it admitted two pieces of evidence that Folks claims were inadmissible hearsay.

Maurice Webster v. State of Indiana (mem. dec.)
18A-CR-336
Criminal. Affirms Maurice Webster’s conviction of Level 5 felony leaving the scene of an accident resulting in death and Class C misdemeanor operating a vehicle with a schedule I or II controlled substance or its metabolite in the body. Finds there is sufficient evidence to support the conviction. Finds the Marion Superior Court did not abuse its discretion. Finds Webster’s sentence of four years executed is not inappropriate in light of the nature of the offenses or his character.

Mathis Franklin, Jr. v. Bayview Loan Servicing, LLC, and M&M Mortgage, Inc. (mem. dec.)
17A-PL-3058
Civil plenary. Affirms the Lake Superior Court’s judgment in favor of Bayview Loan Servicing, LLC and M&M Mortgage, Inc., after unrebutted designated evidence showed that Advanced Property Preservation, Inc., was an independent contractor, thereby shielding Bayview and M&M from liability. Finds the trial court’s decision is not erroneous.

Michelle Faye Gonzales Hughes v. State of Indiana (mem. dec.)
18A-CR-112
Criminal. Affirms Michelle Hughes’ 30-year aggregate sentence for conviction of two counts of Level 3 felony kidnapping. Finds Hughes’ sentence is not inappropriate in light of the nature of the offense and her character. Finds the trial court did not abuse its discretion in sentencing Hughes.

Adam Barton v. State of Indiana (mem. dec.)
18A-CR-810
Criminal. Affirms Adam Barton’s three-year sentence for conviction of Level 5 felony manufacturing methamphetamine and Level 6 felony possession of methamphetamine. Finds the trial court did not abuse is discretion during sentencing.

Paul Michael Wildridge, Sr. and Cheryl L. Wildridge v. Franciscan Alliance, Inc., Franciscan St. Francis Health, St. Francis Hospital and Health Centers, Mooresville, Indiana (mem. dec.)
18A-CT-464
Civil tort. Affirms the Morgan Superior Court’s grant of summary judgment in favor of St. Francis on Paul and Cheryl Wildridge’s allegation of medical malpractice. Finds the trial court properly granted summary judgment to St. Francis when the Wildridges failed to file a response or seek an extension of time within the 30-day period allotted under Indiana Trial Rule 56(C).

 

 

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