Opinions Oct. 30, 2018

Keywords Opinions

The following 7th Circuit Court of Appeals opinion was posted after IL deadline on Monday:
Lucinda Lovett and Michael Lovett, Co-Personal Representatives of the Estate of Daniel J. Martin v. Landon Herbert and Zachary Overton 

17-1668
Appeal from the United States District Court for the Southern District of Indiana, Terre Haute Division. Judge William T. Lawrence.
Civil. Reverses the Southern District Court’s motion for summary judgment in favor of Daniel Martin’s Estate following his death at the Clay County jail. Finds Officers Landon Herbert and Zachary Overton are entitled to qualified immunity. Remands with instructions for the district court to enter judgment for Herbert and Overton on the estate’s Fourth Amendment claim.

Tuesday opinions
7th Circuit Court of Appeals

Rebecca Zander v. Samuel Orlich, Jr., et al.
17-2792
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Magistrate Judge Paul R. Cherry.
Civil. Reverses summary judgment for former Lake County Sheriff John Buncich on Rebecca Zander’s respondeat superior claim, but affirms summary judgment for Buncich on Zander’s negligent hiring claim filed after she alleged Lake County Sheriff’s Deputy Samuel Orlich sexually assaulted her in her home. Finds that whether Orlich’s employment gave rise to the abuse of power in question is a question of fact for the jury. Also finds there was no evidence that Buncich should have known Orlich was likely to assault a member of the public. Remands for further proceedings. 

Indiana Court of Appeals 
Town of Darmstadt and Bob Stoops, Town Council President v. CWK Investments-Hillsdale, LLC, C. Wayne Kinney, and the Evansville-Vanderburgh County Board of Zoning Appeals 

18A-MI-150 
Miscellaneous. Affirms the Vanderburgh Superior Court’s dismissal of two petitions seeking judicial review of the Evansville-Vanderburgh County Board of Zoning Appeals’ approval of a permit application for the construction of four apartment buildings in the town of Darmstadt. The trial court did not err as a matter of law when it dismissed the petitions as untimely. Judge Terry Crone dissents with opinion, finding the trial court did err as a matter of law and would remand for judicial review proceedings.

William D. Bradley v. State of Indiana
87A01-1711-CR-2584
Criminal. Affirms and reverses in part William Bradley’s convictions of three counts of child molesting, two as Level 1 felonies and one as a Level 4 felony, and one count of Level 4 felony incest. Finds Bradley’s convictions of Level 4 felony child molesting and incest violate double jeopardy. Also finds the trial court did not violate Bradley’s speedy trial rights, did not abuse its discretion in the admission of evidence and did not commit fundamental error during closing arguments. Finally, finds there is sufficient evidence to support Bradley’s convictions. Remands with instructions to vacate Bradley’s Level 4 felony convictions and related sentences.

Roman Lee Jones v. State of Indiana
18A-CR-855
Criminal. Affirms the denial of Roman Lee Jones’ motion to correct sentence. Finds the Lake Superior Court’s order for Jones to serve his sentences for three murder convictions and one attempted murder conviction consecutively and his sentence for another attempted murder conviction concurrently did not violate Indiana Code 35-50-1-2.

Michael J. Love v. State of Indiana
49A04-1712-CR-2971
Criminal. Affirms the denial of Love’s right to represent himself at his trial for two counts of attempted murder. Finds the totality of the circumstances demonstrate that Love was not willing to move forward with the proceedings against him in a timely manner and was not willing to abide by courtroom procedures and decorum, so the Marion Superior Court was not wrong to terminate Love’s self-representation. 

Auto-Owners Insurance Company v. William Long, as Administrator of the Estate of Theodore Long, and Ellen Long, Individually, Dean Loucks and The Art of Design
18A-CT-852
Civil tort. Reverses the grant of summary judgment in favor of the Estate of Theodore Long and against Auto-Owners Insurance Company. Finds the applicable policy limits were $1 million, as there was only one occurrence of an accident. Remands with instructions to enter judgment in favor of Auto-Owners. 

Jonah Long v. State of Indiana (mem. dec.)
49A02-1711-PC-2804
Post-conviction. Affirms the Marion Superior Court’s denial of Jonah Long’s petition for post-conviction relief. Finds the trial court did not err in finding Long was not entitled to postconviction relief on his claims that he received ineffective assistance of trial and appellate counsel.

In Re the Involuntary Commitment of: M.L. v. Oaklawn OSJ (mem. dec.) ​​​​​​​
18A-MH-1114
Mental health. Affirms the St. Joseph Superior Court’s order that M.L.’s involuntary commitment to Oaklawn OSJ be continued. Finds there is sufficient evidence to support a conclusion that M.L. is dangerous to himself or others.

Christopher Simpson v. State of Indiana (mem. dec.)
18A-CR-1347
Criminal. Affirms the Kosciusko Superior Court’s denial of Christopher Simpson’s motion for credit time. Finds Simpson has not established that the evidence leads unerringly and unmistakably to a conclusion opposite that reached by the trial court.

 

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