Opinions Oct. 4, 2018

Keywords Opinions

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Wednesday.
Jane Doe v. Vigo County, et al.
Appeal from the United States District Court for the Southern District of Indiana, Terre Haute Division. Judge William T. Lawrence.
Civil tort. Affirms summary judgment in favor of Vigo County on a civil liability suit filed after Jane Doe was sexually assaulted by a county parks department maintenance worker. Finds Doe has not proven that Vigo County had reason to believe the assault was foreseeable, and there was not enough evidence to support a Monell claim.

Indiana Supreme Court
Monica Dycus v. State of Indiana

Criminal. Affirms Monica Dycus’ conviction of Class A misdemeanor operating a vehicle while intoxicated. Finds that an advisement of rights under Pirtle v. State is not required to obtain valid consent to a drug recognition exam from a person in custody. Concludes the Marion Superior Court correctly determined that the evidence obtained as a result of Dycus’ DRE exam after a traffic stop was admissible.

Indiana Court of Appeals
Joseph Budner v. Incorporated Town of North Judson, Indiana
Miscellaneous. Reverses the Starke Circuit Court’s dismissal of Joseph Budner’s petition for judicial review in his civil lawsuit against the Town of North Judson for failure to state a claim upon which relief can be granted. Finds Budner was entitled to a hearing regarding the termination of his employment as a deputy Town Marshal for the North Judson Police Department. Remands for proceedings.   

Brittany Erin Hoak v. State of Indiana (mem. dec.)
Criminal. Affirms Brittany Hoak’s three-year sentence for conviction of Level 5 felony possession of methamphetamine. Also affirms the Clark Circuit Court’s revocation of Hoak’s probation. Finds her sentence is not inappropriate in light of the nature of the offense and her character. Finds revocation of her probation is warranted and that the imposition of a full suspended sentence is not improper.

John H. Battershell and Helen A. Battershell v. Stuart C. Surface (mem. dec.)
Civil collection. Affirms in part, reverses in part, remands for resentencing. Finds the Hendricks Superior Court acted within its discretion when it set aside summary judgment entered in the Battershells’ favor against real estate agent Stuart Surface. Finds the trial court’s findings that the Battershells breached the lease and converted Surface’s property are supported by the evidence. Finally, affirms the trial court’s zero-damage award, but reverses the trial court’s decision to award Surface attorney fees as a result.

Lisa Livingston v. State of Indiana (mem. dec.)
Criminal. Affirms Lisa Livingston’s aggregate 30-year sentence for conviction of two Class A felonies: dealing in methamphetamine and dealing in methamphetamine — possession with intent to deliver; Class C felony of possession of methamphetamine; and two Class D felonies: possession of cocaine and possession of two or more chemical reagents or precursors with the intent to manufacture a controlled substance, and status as a habitual substance offender. Finds the Orange Circuit Court’s decision was not against the logic and effect of the facts and circumstances before the court. Also finds the trial court did not abuse its discretion. Concludes Livingston’s sentence is not inappropriate.

Corey S. Mack v. State of Indiana (mem. dec.)
Criminal. Affirms Corey Mack’s conviction for Class A misdemeanor domestic battery. Finds sufficient evidence to rebut Mack’s self-defense claim.

Christopher Carter v. State of Indiana (mem. dec.)
Criminal. Affirms Christopher Carter’s conviction of Level 4 felony unlawful possession of a firearm by a serious violent felon. Finds there is sufficient evidence to support the conviction. Also affirms the denial of Carter’s motion for a directed verdict on a charge of possession of a narcotic drug. Finds that the denial of the motion for a directed verdict is not yet ripe for appeal. Remands for proceedings.

In re the Termination of the Parent-Child Relationship of A.S., M.M., and T.S. (Minor Children) and J.M. (Mother) v. Indiana Department of Child Services (mem. dec.)
Juvenile termination. Affirms the LaPorte Circuit Court’s termination of J.M.’s parental rights to her three minor children. Finds there is sufficient evidence to support the termination.  

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