Opinions Feb. 27, 2019

Keywords Opinions

7th Circuit Court of Appeals
The following opinion was posted after IL deadline Tuesday.
Leroy Washington v. Marion County Prosecutor

17-2933
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Jane Magnus-Stinson.
Civil. Denies the Marion County prosecutor’s motion to dismiss Leroy Washington’s civil forfeiture appeal as moot following statuary amendments made to Indiana’s vehicle forfeiture statute. Finds the U.S. District Court for the Southern District of Indiana was not given the chance to address the amendments. Remands to the district court to address Washington and the prosecutor’s contentions regarding the amendments.

Wednesday’s opinion
Courtney Webster v. CDI Indiana, LLC
18-3080
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Jane Magnus-Stinson.
Civil tort. Affirms a district court jury’s damages award of $15 million to Courtney and Brian Webster in a medical malpractice lawsuit, agreeing with the district court’s analysis.
 
Indiana Court of Appeals
Micayla N. Smith v. Nathan W. McPheron

18A-DR-297
Domestic relation. Affirms the Madison Circuit Court’s modification of physical custody of minor child G.M. from mother Micayla Smith to father Nathan McPheron. Finds the trial court’s decision is not clearly erroneous and that it did not abuse its discretion in not finding McPheron in contempt or when it declined to award Smith attorney’s fees. However, reverses and remands in part on finding Smith’s voluntary unemployment is not a sufficient basis on which to support the denial of her motion to proceed in forma pauperis.

In re the Paternity of L.B., Rita Maxwell v. Randall S. Bertram (mem. dec.)
18A-JP-2049
Juvenile paternity. Affirms the Hendricks Superior Court’s order authorizing Randall Bertram to have unsupervised parenting time with L.B., his child with Rita Maxwell. Finds there is sufficient evidence to support the order.

Charles Holmes v. State of Indiana (mem. dec.)
18A-XP-1316
Expungement petition. Affirms in part, reverses in part, remands with instructions to expunge Charles Holmes’ Class A misdemeanor domestic battery conviction. Finds the Elkhart Superior Court was required to expunge Holmes’ misdemeanor conviction. Finds no error in the trial court’s denial of expungement on Holmes’ felony conviction.

In the Matter of the Termination of the Parent-Child Relationship of M.R.S. (Minor Child); T.L.S. (Mother) v. Indiana Department of Child Services (mem. dec.)
18A-JT-2012
Juvenile termination. Affirms the termination of T.L.S.’s parental rights to her child M.R.S. Finds the Floyd Circuit Court did not err in concluding that the conditions that resulted in M.R.S.’s removal from T.L.S.’s care would not be remedied. Finds the termination is in the best interest of M.R.S.

William Michael Stinemetz v. State of Indiana (mem. dec.)
18A-CR-1673
Criminal. Affirms William Stinemetz’s 93-year sentence for conviction of murder, Class C felony robbery and Class B felony armed robbery. Finds the Fulton Circuit Court did not abuse its sentencing discretion. Finds Stinemetz’s sentence is not inappropriate in light of the nature of his offense and his character.

Paul Lundy v. State of Indiana (mem. dec.)
18A-CR-1370
Criminal. Affirms Paul Landy’s conviction of Level 3 felony robbery and three counts of Class A misdemeanor contributing to the delinquency of a minor. Finds there is sufficient evidence to support the convictions, but remands with instructions for the trial court to impose a sentence of between three and 16 years for the Level 3 felony conviction, and with a habitual offender enhancement of not less than six years, to be identified and imposed separately.

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