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Opinions Feb. 8, 2019

February 8, 2019
KEYWORDS Opinions

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Thursday: 
United States of America v. Anastacia V. Maclin

18-2158
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Judge Philip P. Simon. 
Criminal. Affirms Anastacia Maclin’s 15-month sentence for conviction of two counts of Medicaid-related theft. Finds the U.S. District Court for the Northern District of Indiana did not err in denying Maclin’s motions for mistrial, nor in imposing her sentence. 

Friday opinions
Indiana Court of Appeals 
Bryan Alexander, Karl Cameron, William Love, Charlie Lovins, Kevin McMurray and Matt Oelker, on behalf of themselves and all others similarly situated v. Linkmeyer Development II, LLC, et al.

18A-PL-311
Civil plenary. Affirms the denial of a motion for summary judgment brought by a class of laborers formerly employed by Linkmeyer Development II, LLC and its members Steve Linkmeyer and Brian Bischoff and the partial grant of summary judgment to Linkmeyer Development, Linkmeyer and Bischoff on an unjust enrichment claim. Also affirms the partial denial of Linkmeyer Development, Linkmeyer and Bischoff’s summary judgment motion on claims brought under Indiana wage laws. Finds the Dearborn Circuit Court did not err. Judge John Baker concurs in part and dissents in part with separate opinion

Tracie Easler v. State of Indiana
18A-CR-1371
Criminal. Affirms Tracie Easler’s conviction for Class A Misdemeanor operating a vehicle while intoxicated endangering a person. Finds the Marion Superior Court properly denied Easler’s request to question a member of the venire after the member divulged information relevant for voir dire. Also finds Easler was convicted by a fair and impartial jury.

German A. Linares v. El Tacarajo and U-Pull-And-Pay, LLC d/b/a Pic A Part
18A-CT-276
Civil tort. Affirms the Marion Superior Court’s grant of summary judgment to U-Pull-And-Pay on German Linares’ negligence claim. Finds UPAP did not owe a duty of care to Linares because an explosion of the El Tacajaro taco food truck was not reasonably foreseeable. Also finds UPAP was not engaged in a joint venture with El Tacajaro, so it was not vicariously liable. Judge James Kirsch dissents with separate opinion.

Teddy E. Shoffner v. State of Indiana (mem. dec.)
18A-CR-1622
Criminal. Affirms Teddy Shoffner’s 20-year sentence, with 13 years served in the Department of Correction, three years in community corrections and four years suspended to supervised probation, for his conviction of Level 2 felony conspiracy to commit dealing in methamphetamine. Finds Shoffner’s sentence is not inappropriate in light of the nature of the offense and his character.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of K.S., Minor Child, and her Mother, J.H. J.H. v. Indiana Department of Child Services, et al. (mem. dec.)
18A-JT-2100
Juvenile termination of parental rights. Affirms the termination of J.H.’s parental rights to her minor child, K.S. Finds that the Marion Superior Court’s conclusions that there was a reasonable probability that the conditions meriting removal or continued placement would not be remedied and that the termination was in the best interest of K.S. were not clearly erroneous.  

Jon Southwood v. State of Indiana (mem. dec.)
18A-CR-1245
Criminal. Affirms Jon Southwood’s adjudication as a habitual offender. Finds the Marion Superior Court did not abuse its discretion when it allowed the state to belatedly file the habitual offender charge against Southwood. 

S.S. v. State of Indiana (mem. dec.)
18A-JV-1161
Juvenile. Affirms the Madison Circuit Court’s waiver of S.S.’s cause to adult court. Finds the juvenile court did not abuse its discretion by waiving S.S. into adult court.  

Antwane Broomfield v. State of Indiana (mem. dec.)
18A-PC-1933
Post-conviction. Affirms the Vanderburgh Superior Court’s denial of Antwane Broomfield’s petition for post-conviction relief. Finds Broomfield was not denied the effective assistance of trial counsel when his counsel failed to lodge objections to preserve an evidentiary claim that was without merit.
 

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